A/HRC/44/24
types of less-lethal weapons and ammunition, which are used to crack down on protesters,
including: conducted-energy weapons, such as Taser guns; advanced kinetic impact
projectiles, such as attenuating energy projectiles; drones and autonomous systems that
employ tear gas and other less-lethal ammunition; pepper balls and pepper-ball launchers;
dazzling weapons; acoustic weapons; and malodorants. In 2020, OHCHR issued an advanced
edited version of the forthcoming publication United Nations Human Rights Guidance on
Less-Lethal Weapons in Law Enforcement. The Guidance was elaborated in collaboration
with the Geneva Academy of International Humanitarian Law and Human Rights and the
Centre for Human Rights at the University of Pretoria, South Africa.
43.
Under international law, the use of less-lethal weapons and ammunition is subject to
strict compliance with the principles of necessity and proportionality. 87 Although they are
regarded as less lethal, they still present serious risks of harm,88 and calls have been made for
certain less-lethal weapons and ammunition to be prohibited in the management of
assemblies.89 One State indicated that its police forces did not have recourse to new lesslethal weapons and sub-munition technology in assemblies.90 Inputs for the present report
noted the trauma caused to people and communities by inappropriate use that in some cases
has led to injury or death, and the resulting effect of dissuading people from exercising their
right of peaceful assembly. 91 The Human Rights Committee has been critical about use of
force violations by law enforcement officials in the context of protests in various countries. 92
The Committee of the Rights of the Child expressed concern about physical violence against
children, including the disproportionate use of tear gas and pepper spray during forced
evictions for urban infrastructure projects,93 and about the use on children of high-frequency
ultrasound devices, as well as flash ball devices and Taser guns. 94 The Committee
recommended that the concerned State reconsider or ban the use of high-frequency
ultrasound and flash ball devices and other harmful devices. 95
44.
Similar concerns have also been expressed by special rapporteurs 96 and in the context
of the universal periodic review. 97 The Special Rapporteur on extrajudicial, summary or
arbitrary executions has previously observed that advances in technology come with a
heightened responsibility for States and others who use them and a need to ensure monitoring
and accountability.98 Under international human rights law and principles on the use of force,
States must ensure that law enforcement officials are held accountable for any decision to
use force, 99 following effective, transparent, prompt, independent and impartial
investigations.100 Where an investigation into the use of force by law enforcement officials
reveals evidence that a death or injury may have been caused unlawfully, the State should
ensure that perpetrators are prosecuted through a judicial process and, if convicted, given
appropriate punishment.101
45.
Some less-lethal weapons deliver force autonomously or by remote control, which
raises complex questions concerning accountability for human rights violations, including
the right to life. The Human Rights Committee has recommended that these weapons systems
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
12
Human Rights Committee, general comment No. 36 (2018) on the right to life, para. 14.
INCLO, “Unhealed wounds – the faces behind the injuries of crowd-control weapons”. Available at
www.inclo.net/projects/unhealed-wounds/.
Contribution of Amnesty International.
Contribution of Switzerland.
Contributions of Omega Research Foundation and the Human Rights House Foundation.
CCPR/C/IRQ/CO/5, para. 41; CCPR/C/KOR/CO/4, para. 52; and CCPR/C/MKD/CO/3, para. 19.
CRC/C/BRA/CO/2-4, para. 35.
CRC/C/FRA/CO/4, para. 47.
Ibid., para. 49.
www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=25269&LangID=E.
A/HRC/30/12, para. 176.223; A/HRC/41/6, paras. 125.55–125.56; A/HRC/39/10, para. 129.73.
A/69/265, para. 67.
United Nations Human Rights Guidance on Less-Lethal Weapons in Law Enforcement, para. 3.1.
The Minnesota Protocol on the Investigation of Potentially Unlawful Death (2016): The Revised
United Nations Manual on the Effective Prevention and Investigation of Extra-legal, Arbitrary and
Summary Executions (United Nations publication, Sales No. E.17.XIV.3), para. 20.
Ibid., para. 8 (c).
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents