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threat.40 States parties should not resort to less-lethal weapons in situations of crowd control
that can be addressed through less harmful means, 41 especially situations involving the
exercise of the right to peaceful assembly.
15.
When private individuals or entities are empowered or authorized by a State party to
employ force with potentially lethal consequences, the State party is under an obligation to
ensure that such employment of force actually complies with article 6 and the State party
remains responsible for any failure to comply. 42 Among other things, a State party must
rigorously limit the powers afforded to private actors and ensure that strict and effective
measures of monitoring and control, as well as adequate training, are in place in order to
guarantee, inter alia, that the powers granted are not misused and do not lead to arbitrary
deprivation of life. For example, a State party must take adequate measures to ensure that
persons who were involved or are currently involved in serious human rights violations or
abuses are excluded from private security entities empowered or authorized to employ
force.43 It must also ensure that victims of arbitrary deprivation of life by private individuals
or entities empowered or authorized by the State party are granted an effective remedy.44
16.
Paragraphs 2, 4 and 5 of article 6 implicitly recognize that countries that have not
abolished the death penalty and have not ratified the Second Optional Protocol to the
Covenant, aiming at the abolition of the death penalty, are not legally barred under the
Covenant from applying the death penalty with regard to the most serious crimes, subject to
a number of strict conditions. Other procedures regulating activity that may result in
deprivation of life, such as protocols for administering new drugs, must be established by
law, accompanied by effective institutional safeguards designed to prevent arbitrary
deprivation of life, and must be compatible with other provisions of the Covenant.
17.
The deprivation of life of individuals through acts or omissions that violate provisions
of the Covenant other than article 6 is, as a rule, arbitrary in nature. This includes, for example,
the use of force resulting in the death of demonstrators exercising their right to freedom of
assembly 45 and the passing of a death sentence following a trial that failed to meet the due
process requirements of article 14 of the Covenant.46
III. Duty to protect life
18.
The second sentence of article 6 (1) provides that the right to life “shall be protected
by law”. This implies that States parties must establish a legal framework to ensure the full
enjoyment of the right to life by all individuals as may be necessary to give effect to the right
to life. The duty to protect the right to life by law also includes an obligation for States parties
to adopt any appropriate laws or other measures in order to protect life from all reasonably
foreseeable threats, including from threats emanating from private persons and entities.
19.
The duty to protect by law the right to life requires that any substantive ground for
deprivation of life must be prescribed by law and must be defined with sufficient precision
to avoid overly broad or arbitrary interpretation or application.47 Since deprivation of life by
the authorities of the State is a matter of the utmost gravity, the law must strictly control and
limit the circumstances in which a person may be deprived of his or her life by those
authorities,48 and States parties must ensure full compliance with all of the relevant legal
provisions. The duty to protect by law the right to life also requires States parties to organize
all State organs and governance structures through which public authority is exercised in a
manner consistent with the need to respect and ensure the right to life, 49 including
establishing by law adequate institutions and procedures for preventing deprivation of life,
investigating and prosecuting potential cases of unlawful deprivation of life, meting out
punishment and providing full reparation.
20.
States parties must enact a protective legal framework that includes effective criminal
prohibitions on all manifestations of violence or incitement to violence that are likely to result
in deprivation of life, such as intentional and negligent homicide, unnecessary or
disproportionate use of firearms,50 infanticide,51 “honour” killings,52 lynching,53 violent hate
crimes, 54 blood feuds, 55 ritual killings, 56 death threats and terrorist attacks. The criminal
sanctions attached to these crimes must be commensurate with their gravity, 57 while
remaining compatible with all the provisions of the Covenant.
4