A/HRC/26/36 provision on the use of force. It was ordered that the State must, within a reasonable time, adapt its domestic law, incorporating the international standards on the use of force by law enforcement agents. 50. The Basic Principles provide that “Governments and law enforcement agencies shall adopt and implement rules and regulations on the use of force and firearms against persons by law enforcement officials”20 and that they shall ensure that “arbitrary or abusive use of force or firearms by law enforcement officials is punished as a criminal offence under law.”21 51. States are also required to take reasonable precautions to prevent loss of life, wherever necessary in legislation or subordinate law. This includes putting in place appropriate command and control structures; providing for the proper training of law enforcement officials in the use of force, including less lethal techniques; where possible, requiring the issuing of a clear warning before using force; and ensuring medical assistance is available.22 In the specific case of demonstrations, it also arguably entails adhering to the standards on the facilitation and control of demonstrations to prevent volatile situations from escalating out of control. 52. The Basic Principles require that governments and law enforcement agencies “should 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… For the same purpose, it should also be possible for law enforcement officials to be equipped with self-defensive equipment.”23 The point is thus not merely that it should be used if available (as is required by necessity), but that such equipment will be made available in the first place. States shall also ensure that “all law enforcement officials are provided with training and are tested in accordance with appropriate proficiency standards in the use of force”.24 53. An increasing body of knowledge is available on how crowds can be handled in ways that can defuse as opposed to escalate the tension,25 and it is the responsibility of the commanding leadership of law enforcement to ensure that this knowledge is used in the planning, preparation and concrete policing of assemblies. Failure to take note of such information and repeating the mistakes of the past with deadly consequences run contrary to the duty to protect life, and would have to be considered a failure in command responsibility. Indeed, making sure that domestic law complies with the international standards on the use of force (and, arguably, human rights standards in general) is an important preventative measure. 54. Human rights law recognizes that, in times of public emergency, States may within specified limits take measures derogating from their obligations under international human rights treaties.26 While certain rights may be restricted or suspended during times of public emergency, the right to life is non-derogable and must be respected, even during such times.27 20 21 22 23 24 25 26 27 Principle 1 and Principle 11. Principle 7. See Melzer (footnote 19), p. 203. Principle 2. Principle 19. Also Principles 18 and 20. A/HRC/17/28, pp. 17-18. International Covenant on Civil and Political Rights, art. 4; American Convention on Human Rights, art. 27; Arab Charter on Human Rights, art. 4; European Convention on Human Rights, art. 15. Human Rights Committee General Comment No. 29 (2001) and Basic Principle 8. 9