Q&A: Use of force in law enforcement
22 December 2021How does international law regulate the use of force in law enforcement? This Q&A clarifies the international legal framework governing the use of force by Israeli forces in the occupied Palestinian territory (oPt) in law enforcement operations, specifically in the context of demonstrations.
The Q&A examines legal arguments that Israel has advanced to justify patterns of excessive use of force in its law enforcement operations in the oPt. This analysis responds to concerns that Israeli policies and practices regarding the use of force systematically violate applicable rules of international law – concerns which have been exacerbated by recent reports indicating that the Israeli army has expanded its “rules of engagement” to authorize Israeli forces to fire live ammunition at Palestinians who throw stones even when they are fleeing.
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The Use of Force in Law Enforcement in the Occupied Palestinian Territory1. Which bodies of international law regulate the use of force in armed conflict?
2. How does international law regulate the use of force in law enforcement?
3. Does the existence of an armed conflict, including occupation, influence how force can be used for law enforcement?
4. What is Israel’s approach to law enforcement in the oPt and to what extent does this conform with international law?
5. Who are “main instigators” and which rules on the use of force apply to them?
6. Can Israel use live ammunition to control demonstrations and protests?
7. Which measures are required to ensure accountability for the use of force in law enforcement?
Further resources
- Diakonia Legal Brief on the Use of Force in Law Enforcement in the Occupied Palestinian Territory
- Diakonia Thematic Note on Law Enforcement in Israel-Palestine
- Diakonia Easy Guide to IHL (available in English and Arabic)
- UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials
- UN Code of Conduct for Law Enforcement Officials
- ICRC International Rules and Standards for Policing
- OHCHR Guidance on Less-Lethal Weapons in Law Enforcement