NORTHERN IRELAND:
MONITORING THE 1998 MARCHING SEASON
International codes of conduct provide universally endorsed guidelines for police accountability and the use of force by law enforcement officials. The United Nations has adopted resolutions regulating the conduct of law enforcement officials and the use of force. The U.N.Code of Conduct for Law Enforcement Officials includes provisions on police accountability for compliance with international standards. Article 2 requires police to uphold the human rights of all persons in the performance of their duties. These rights are enumerated in major human rights treaties, including the International Covenant on Civil and Political Rights (ICCPR) and the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). Article 3 of the code states that police may use force only when strictly necessary and to the extent required for the performance of their duties. Article 8 requires law enforcement officials to report violations or known impending violations of the code to the appropriate authorities or state agencies "vested with reviewing or remedial power."
The use of force by police during the marching season is of the utmost concern to Human Rights Watch. Section 3(1) of the Criminal Law (Northern Ireland) Act 1967 states that law enforcement officials may use "such force as is reasonable under the circumstances in the prevention of crime, or in effecting or assisting in the lawful arrest of offenders." Such a standard of "reasonableness" in the context of Northern Ireland gives the security forces broad discretion to use excessive force and can lead to an abuse of power. Human Rights Watch recommends that the standard for the use of force should be "necessity" as grounded in international law. The "necessity" standard is defined in such documents as the ICCPR and the ECHR, both to which the U.K. is a party. Specifically, article 2 of the ECHR states the "Deprivation of life shall not be regarded as inflicted in contravention of this Article when it results from the use of force which is no more than absolutely necessary." Considering the deaths attributable to the use of plastic bullets, the standard of absolute necessity becomes particularly relevant.
The Basic Principles on the Use of Force and Firearms by Law Enforcement Officials serves as a guide for the implementation of the U.N. Code of Conduct for Law Enforcement Officials. The second general provision urges governments to develop "non-lethal incapacitating weapons for use in appropriate situations with a view to increasingly restraining the application of means capable of causing death or injury to persons." Other relevant provisions include:
- 4. Law enforcement officials, in carrying out their duty, shall, as far as possible, apply non-violent means before resorting to the use of force and firearms.
- 7. Governments shall ensure that arbitrary or abusive use of force and firearms by law enforcement officials is punished as a criminal offense under their law.
- 9. Law enforcement officials shall not use firearms against persons except in self-defense or defense of others against the imminent threat of death or serious injury, and. . .intentional lethal use of firearms may only be made when strictly unavoidable in order to protect life.
- 10. In the circumstances provided for under principle 9, law enforcement officials shall identify themselves as such and give a clear warning of their intent to use firearms.
- 11. Rules on the use of firearms should include guidelines that... prohibit the use of those firearms and ammunition that cause unwarranted injury or present an unwarranted risk .