A/HRC/33/43 conditions of necessity and may be used only when lesser means cannot be reasonably employed or have failed and the risk of death or serious bodily harm to innocent persons is not increased by its use.102 72. As for control over the use of force, United States regulations require an evaluation of the necessity to arm personnel with consideration being given to the possible consequences of accidental or indiscriminate use of those arms.103 Another regulation provides that while Department of Defense civilian personnel engaged in security and law and order activities shall be appropriately armed and have the inherent right to selfdefence,104 arming Department of Defense personnel with firearms shall be limited and controlled and shall be limited to missions or threats and the immediate need to protect Department of Defense assets or persons’ lives.105 73. With regard to further preconditions for the use force, contractor personnel can be armed for individual self-defence only on the basis of applicable United States, host nation or international law, relevant status-of-forces agreements, international agreements or other arrangements with local authorities and on a case-by-case basis106 and if weapons familiarization, qualification and briefings regarding the rules for the use of force have been provided.107 According to United States rules, each geographic combatant commander shall develop a system of verifying that private security company personnel meet all the legal, training and qualification requirements for authorization to carry a weapon.108 The permission process is run by the appropriate Staff Judge Advocate on a case-by-case basis.109 74. Contractors designated to support a diplomatic or consular mission outside the United States are also authorized to carry weapons and have to be adequately trained to carry and use them,110 with full understanding of, and adherence to, the rules for the use of force issued by the Combatant Commander or the Chief of Mission,111 in compliance with applicable agency policies, agreements, rules and regulations and other applicable law.112 In cases where all private security companies need to be armed, the relevant rules set out very detailed procedures and documentation on individual training, covering weapons familiarization and qualification; rules for the use of force; limits on the use of force, including whether defence of others is consistent with host nation status-of-forces agreements or local law; the distinction between the rules of engagement applicable to military forces and the prescribed rules for the use of force that control the use of weapons by civilians; and the Law of Armed Conflict.113 75. In addition, personnel authorized to be armed shall be thoroughly briefed on their individual responsibilities and shall receive mandatory training.114 Moreover, security, law enforcement or other designated personnel who routinely engage in duties or activities are required to attend a complete Department of Defense component-approved training every 102 103 104 105 106 107 108 109 110 111 112 113 114 Ibid., section (4) (b). Ibid. Ibid., section 4 (a). Ibid., section 4 (b). Department of Defense Instruction 3020.41, 4 (e) (2) (a). Ibid., 4 (e) (2) (b). Department of Defense Instruction 3020.50, enclosure 3, Part 1 (a) (2). Ibid., enclosure 3, Part 1 (a) (3). Federal Acquisition Regulation 52.225-19 (h) (3) (i). Ibid., (h) (3) (i) (B). Ibid., (h) (3) (i) (C). Department of Defense Instruction 3020.50, enclosure 3, section 1 (a) (2) and (3) (d). Ibid., enclosure 2, section 1 (b) (2). 17

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