29 November 2016
The use of force by law enforcement agencies has been high on the agenda of the UN Human Rights Council (HRC) for many years.
Our new In-Brief Use of Force in Law Enforcement and the Right to Life: The Role of the Human Rights Council draws from the discussions of our first Global Expert Seminar on the Right to Life. It examines how the right to life is affected by law enforcement agencies’ use of force and identifies how the HRC could further promote respect for international standards governing policing.
The In-Brief also addresses many questions discussed in the HRC: What are the main standards and how are they understood? Do they enjoy widespread support among states and international organizations, including during counter-terrorism operations? Would it be warranted to set out in more detail how the standards should be applied?
Based on the research undertaken, this In-Brief suggests areas for action by the HRC. The author notably suggests that the HRC can promote the implementation of existing international standards governing the use of firearms by law enforcement through its special procedures and by providing a space for discussion. The new Special Rapporteur on extrajudicial, summary or arbitrary executions could take the lead on these issues early in her mandate, following the important 2014 report on use of force during policing.
Given his expertise, the new Special Rapporteur on torture, Dr Nils Melzer, could contribute to the current debate on use of firearms and less-lethal weapons by the submission of a report on the use of force by law enforcement officials early in his mandate. This report would be valuable to clarify under what circumstances the use of firearms amounts to torture.
This In-Brief was written by Dr Stuart Casey-Maslen, Honorary Professor at the Law Faculty, University of Pretoria.
We gratefully acknowledge the funding for this In-Brief provided by the Swiss Federal Department of Foreign Affairs.
To provide the international community with the most up-to-date overview of these online tools and databases, our Geneva Human Rights Platform is proud to unveil its new DHRTTD Directory.
Our new Working Paper invites readers to embark on a critical journey, shedding light on the intricate dynamics between security and human rights and calls for us to consider the effectiveness of counterterrorism policies as a matter of human rights law, demonstrating the benefits of this approach in improving the rationality of the decision-making process.
This Human Rights Conversation will explore the extent to which an independent mechanism such as the Meta Oversight Board is akin to a human rights tribunal and the risks that could be linked to delegating such powers to a private authority.
This online short course will provide participants with an introduction to substantive human rights law.
Olivier Chamard / Geneva Academy
The Treaty Body Members’ Platform connects experts in UN treaty bodies with each other as well as with Geneva-based practitioners, academics and diplomats to share expertise, exchange views on topical questions and develop synergies.
The Geneva Human Rights Platform collaborates with a series of actors to reflect on the implementation of international human rights norms at the local level and propose solutions to improve uptake of recommendations and decisions taken by Geneva-based human rights bodies at the local level.