A/HRC/26/36
wishes to express his thanks to the 25 States that responded by providing their laws and in
many cases also detailed commentary: Argentina, Austria, Azerbaijan, Chile, Cuba,
Cyprus, Ecuador, Estonia, Georgia, Germany, Greece, Guatemala, Iraq, Ireland, Mexico,
Monaco, Norway, Pakistan, Qatar, Russian Federation, Spain, Sri Lanka, Sweden,
Switzerland and the Syrian Arab Republic.
36.
In the case of States that have not responded, legislation was obtained from what is
available in the public domain.
37.
The study looks only at legislation, and not at other sources of law, such as legal
precedents (which in some States are a source of law) or at the operational orders of the
police. Some of the elements of a comprehensive system regulating the use of force may
not be recognized in the statutory provisions, but could be contained in other parts of the
law.
38.
Importantly, the study also does not consider the practical implementation of the
laws in question. This is a massive task to which the international research community – in
particular those researchers based in the societies in question – should pay more attention.
39.
The study concentrates only on the use of force as part of law enforcement
operations, and does not deal with the use of force in the conduct of hostilities during armed
conflict.
40.
The laws that were accessed during the course of this study are available at
www.use-of-force.info. This website will be maintained and updated in the future. States
that have not yet submitted their laws to the Special Rapporteur, and other interested
parties, are encouraged to send their laws and additional material, including new laws,
judicial decisions and operational orders, as well as training material.
41.
In this report, not all of the full names and references of the laws cited are provided,
in the interests of space, and because the aim is rather to provide an example of a wider
practice than to single out specific States.
C.
The right to life
42.
The right to life is often described as a fundamental human right; a right without
which all other rights would be devoid of meaning.10 The right is recognized in a variety of
widely ratified global and regional treaties and other instruments.11 Article 6(1) of the
International Covenant on Civil and Political Rights provides that “every human being has
the inherent right to life [which] right shall be protected by law. No one shall be arbitrarily
deprived of his life.” The right to life is also a rule of customary international law12 and it
has been described as part of jus cogens.13 Extensive jurisprudence has been developed on
all levels, on the limits on the use of force by law enforcement officials.
43.
On the global stage, two main “soft law” instruments set out in some detail the
conditions under which force may be used by law enforcement officials and the
10
11
12
13
Manfred Nowak, UN Covenant on Civil and Political Rights. CCPR Commentary, Kehl am Rhein.
Engel, 2005, p. 121.
African Charter on Human and Peoples’ Rights, art. 4; American Convention on Human Rights, art.
4; Arab Charter on Human Rights, art. 5; European Convention on Human Rights, art. 2; and ASEAN
Human Rights Declaration, art. 11.
Moeckli et al. (eds.) International Human Rights Law, New York, Oxford University Press, 2010, p.
221.
See Nowak (footnote 10), p. 122.
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