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measures should be established by law and accompanied by effective institutional safeguards
designed to prevent arbitrary deprivations of life. Furthermore, States that have not abolished
the death penalty and that are not parties to the Second Optional Protocol to the Covenant,
aiming at the abolition of the death penalty, or other treaties providing for the abolition of the
death penalty can apply the death penalty only in a non-arbitrary manner, for the most serious
crimes and subject to a number of strict conditions elaborated in part IV below.
11.
The second sentence of article 6 (1) requires that the right to life be protected by law,
while the third sentence requires that no one be arbitrarily deprived of life. The two
requirements partly overlap in that a deprivation of life that lacks a legal basis or is otherwise
inconsistent with life-protecting laws and procedures is, as a rule, arbitrary in nature. For
example, a death sentence issued following legal proceedings conducted in violation of
domestic laws of criminal procedure or evidence will generally be both unlawful and
arbitrary.
12.
Deprivation of life is, as a rule, arbitrary if it is inconsistent with international law or
domestic law.23 A deprivation of life may, nevertheless, be authorized by domestic law and
still be arbitrary. The notion of “arbitrariness” is not to be fully equated with “against the
law”, but must be interpreted more broadly to include elements of inappropriateness, injustice,
lack of predictability and due process of law, 24 as well as elements of reasonableness,
necessity and proportionality. In order not to be qualified as arbitrary under article 6, the
application of potentially lethal force by a private person acting in self-defence, or by another
person coming to his or her defence, must be strictly necessary in view of the threat posed by
the attacker; it must represent a method of last resort after other alternatives have been
exhausted or deemed inadequate;25 the amount of force applied cannot exceed the amount
strictly needed for responding to the threat;26 the force applied must be carefully directed,
only against the attacker; and the threat responded to must involve imminent death or serious
injury. 27 The use of potentially lethal force for law enforcement purposes is an extreme
measure28 that should be resorted to only when strictly necessary in order to protect life or
prevent serious injury from an imminent threat.29 It cannot be used, for example, in order to
prevent the escape from custody of a suspected criminal or a convict who does not pose a
serious and imminent threat to the lives or bodily integrity of others.30 The intentional taking
of life by any means is permissible only if it is strictly necessary in order to protect life from
an imminent threat.31
13.
States parties are expected to take all necessary measures to prevent arbitrary
deprivation of life by their law enforcement officials, including soldiers charged with law
enforcement missions. These measures include putting in place appropriate legislation
controlling the use of lethal force by law enforcement officials, procedures designed to ensure
that law enforcement actions are adequately planned in a manner consistent with the need to
minimize the risk they pose to human life,32 mandatory reporting, review and investigation
of lethal incidents and other life-threatening incidents, and supplying forces responsible for
crowd control with effective, less-lethal means and adequate protective equipment in order
to obviate their need to resort to lethal force (see also para. 14 below).33 In particular, all
operations of law enforcement officials should comply with relevant international standards,
including the Code of Conduct for Law Enforcement Officials and the Basic Principles on
the Use of Force and Firearms by Law Enforcement Officials,34 and law enforcement officials
should undergo appropriate training designed to inculcate these standards35 so as to ensure,
in all circumstances, the fullest respect for the right to life.
14.
While preferable to more lethal weapons, States parties should ensure that less-lethal
weapons are subject to strict independent testing and evaluate and monitor the impact on the
right to life of weapons such as electro-muscular disruption devices (Tasers),36 rubber or
foam bullets, and other attenuating energy projectiles,37 which are designed for use or are
actually used by law enforcement officials, including soldiers charged with law enforcement
missions.38 The use of such weapons must be restricted to law enforcement officials who
have undergone appropriate training, and must be strictly regulated in accordance with
applicable international standards, including the Basic Principles on the Use of Force and
Firearms by Law Enforcement Officials. 39 Furthermore, less-lethal weapons must be
employed only subject to strict requirements of necessity and proportionality, in situations in
which other less harmful measures have proven to be or clearly are ineffective to address the
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