A/HRC/32/39
expertise, and their preparedness to use force, all suggest that their conduct, particularly
whether any use of force is reasonable and not excessive, should be judged more strictly.
75.
As is the case for State agents, before and during any use of force by private security
personnel, all reasonable precautionary steps to protect life and prevent excessive violence
must be taken, including the provision of appropriate equipment and training, the
proscription of inappropriate weapons, and careful planning of individual operations. States
must adopt a clear legislative framework for the use of force by law enforcement or other
individuals that complies with international standards, including the principles of necessity
and proportionality. The intentional lethal use of force by law enforcement officials or
others must be prohibited unless it is strictly unavoidable in order to protect life, making it
proportionate, and all other means are insufficient to achieve that objective, making it
necessary. After any use of force there should be some form of review, with a full
investigation wherever life has been lost or serious injury inflicted, and accountability
mechanisms in place where such an investigation suggests the use of force may have been
unlawful, including remedies for victims.
76.
As noted above, where States choose to devolve some of their responsibilities for the
provision of security to private entities, it is clear that those actions are attributable to the
State, and that at least the same restrictions apply to private security providers operating in
such a context as would apply to State law enforcement personnel. In the sections that
follow the Special Rapporteur turns to situations in which the standards are perhaps less
authoritative, but, he argues, must remain normatively identical, if practically distinct.
D.
Duty of precaution as applied to private security providers
77.
In many cases, once a situation arises in which the use of force is considered, it is
already too late to prevent force needing to be used. In order to save lives, all possible
measures should be taken “upstream” to avoid situations in which force needs to be used, or
to ensure that if force is required, the damage is contained as much as is possible. A failure
to take proper precautions in such contexts, where life is at risk, constitutes a violation of
the right to life (see A/HRC/26/36, paras. 63 and 64).
78.
The precautionary principle is now well established for State law enforcement,
although it has different content to the analogous principle in international humanitarian
law.23 In the present section, the Special Rapporteur identifies the many analogous
responsibilities that private security personnel have, and by implication the responsibilities
that other entities, including States, have to ensure that standards are met.
79.
Those responsible for the use of force by any entity must ensure that personnel
receive proper training, including in “less-lethal techniques”. The Working Group on
mercenaries reported that, even when countries had regulations on training of private
security personnel, they almost never included any training on human rights (see
A/HRC/27/50, paras. 17 and 47). Seeking certification from a recognized body to ensure
and demonstrate compliance with established standards will contribute to the adherence of
private security providers to the precautionary principle.
80.
The Basic Principles on the Use of Force and Firearms by Law Enforcement
Officials require that governments and law enforcement agencies develop a range of means
as broad as possible and equip law enforcement officials with various types of weapons and
ammunition that would allow for a differentiated use of force and firearms. The Principles
23
12
See International Committee of the Red Cross, “The use of force in law enforcement operations”
(2015). Available from www.icrc.org/en/document/use-force-law-enforcement-operations.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents