A/HRC/26/36
trade and proliferation of these weapons. Training of law enforcement officials in the use of
new weapons should be relevant, regular and integrate a human rights law approach.
107. ICRC has made the argument that the use of toxic chemicals as weapons for law
enforcement should be limited solely to riot control agents, i.e. “tear gas”, highlighting the
risks of using other chemical agents and the strict constraints of the current international
legal framework. Their concern is that the use of some toxic chemicals for law enforcement
presents serious risks of death and permanent disability to those exposed, risks undermining
international law prohibiting chemical weapons, and could ultimately erode the consensus
against the use of poison as a weapon during armed conflict.66
F.
Opportunities to engage in, encourage and support domestic
law reform
108. A wide range of actors are or may become involved in law reform of the kind
described here. Clearly, the States in question are the main actors. However, there are also
numerous other actors that can support or encourage such changes. These include nongovernmental organizations (NGOs), academics, National Human Rights Institutions
(NHRIs) and international human rights supervisory bodies.
109. Some existing initiatives and entry points in this regard may be highlighted. The
mandate of OHCHR presents an opportunity for consultation with States to encourage
domestic law reform and to promote cooperation at the multinational and regional levels.
110. The United Nations Office on Drugs and Crime (UNODC) has a special
responsibility to promote the Code and the Basic Principles. UNODC’s field offices work
in, and provide further opportunity for, law reform with States. The upcoming United
Nations Crime Congresses provide excellent opportunities to take this further. The United
Nations Commission on Crime Prevention and Criminal Justice presents an opportunity for
further work, reform of domestic laws and the monitoring or review of implementation of
the Code and Basic Principles by States.
111. ICRC, among other activities, works with governments all over the world on the
development of law, building respect for the law and the protection of persons in armed
conflict and other situations of violence. The Organization for Security Cooperation in
Europe and the Office for Democratic Institutions and Human Rights, work in police
education and training, community policing and administrative and structural reforms. The
European Commission for Democracy through Law provides assistance to members on
human rights and rule of law.
112. The Pan-African Parliament has the capacity to adopt model laws of to conduct
studies aimed at harmonization of laws. The African Commission on Human and Peoples’
Rights is seeking to build synergies with NHRIs and NGOs with experience in the area of
policing and human rights in Africa. A thematic study on the right to life, conducted by the
Association of Southeast Asian Nations Intergovernmental Commission on Human Rights,
presents a good opportunity for reform. The mandate of the African Union Commission on
International Law also provides opportunities to engage in and support domestic law
reform.
113. There is a dearth of research on the law and on the practice of the use of force in
many countries around the world – in many cases in those societies where such engagement
66
18
See http://www.icrc.org/eng/resources/documents/legal-fact-sheet/2013-02-06-toxic-chemicalsweapons-law-enforcement.htm.
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