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.

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