syria-un-20120816 52

A/HRC/21/50 52 committed by Government agents at all levels during the exercise of their duties. Although the Independent Special Legal Commission was established in recent months to investigate events, the State still has not provided the commission with any details of investigations or prosecutions under way by this mechanism. X. Elements of specific violations A. Excessive use of force 28. Excessive use of force by law enforcement officials (whether police or military or other members of State security forces) impinges on fundamental human rights guarantees, including the right to life (Article 6 ICCPR) and security of persons (Article 9 ICCPR). International standards such as the Code of Conduct for Law Enforcement Officials (Code of Conduct) and the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials (Basic Principals) provide further guidance for public order officials operating in potentially violent circumstances. Non-violent means are to be used as far as possible before resorting to the use of force (principle of ―necessity‖), and any use of force must be limited to that which is proportionate to the seriousness of the offence and the legitimate objective to be achieved (principle of ―proportionality‖). Firearms are to be used only in self-defence or in defence of others against imminent threat of death or serious injury; to prevent a particularly serious crime involving grave threat to life; or to arrest a person posing such a threat and who is resisting efforts to stop the threat or to prevent that person‘s escape. Before using firearms, law enforcement officials must identify themselves as law enforcement officials and give a clear warning that firearms will be used. Further, sufficient time must be provided for the warning to be observed, unless this would unduly create a risk of death or serious harm to the officer or other persons or would be clearly inappropriate or pointless in the circumstances.40 29. IHL contains provisions similarly constraining the use of force under its requirement for proportionality in attack.41 War-time attacks, even when carefully planned, frequently result in the loss of life or injury to civilians and damage to civilian objects. Under the rule requiring proportionality, a party is required to forego any offensive where the incidental damage expected ―is excessive in relation to the concrete and direct military advantage anticipated‖. Thus, where the military advantage is outweighed by the damage or death to civilians and their objects, the attack is forbidden. This rule applies despite the recognition that incidental injury to civilians, so–called ―collateral damage‖, may occur even when an attack is lawful. B. Unlawful killing 1. Arbitrary deprivation of life 30. IHRL strictly prohibits taking life arbitrarily, a restriction that bars state actors from killing a person outside a legitimate and legal basis for doing so. Those legitimate bases are twofold. First, when a fully-fledged judicial process in line with international standards has been followed. Second, in the most narrow of circumstances, where a person‘s life is under imminent threat. 40 See Article 3 of the Code of Conduct. See generally the Basic Principles. 41 ICRC Study Rule 14