The term use of force refers to the right of an individual or authority to settle conflicts or prevent certain actions by applying measures to either: a) dissuade another party from a particular course of action, or b) physically intervene to stop them. Conflict is a state of discord caused by the actual or perceived opposition of Needs values and interests Use of force may be employed by police, corrections, or other security personnel to deter crime. Police are agents or agencies usually of the executive, empowered to enforce the law and to effect public and social order through the legitimatized use of force Corrections in general refers to society's handling of persons after their conviction of a criminal offense Security is the condition of being protected against danger loss and criminals In the sociological field, crime is the breach of a rule or Law for which some governing authority or force may ultimately prescribe a Punishment It may also exercised by the executive branch (i. In Political science and Constitutional law, the executive is the branch of government responsible for the day-to-day management of the State. e. , through the president, prime minister, premier, governor or mayor) of a political jurisdiction, deploying the police or military to maintain public order. In Law, jurisdiction (from the Latin ius iuris meaning "law" and dicere meaning "to speak" is the practical Authority A military is an Organization authorized by its Nation to use force usually including use of Weapons in defending its Country (or by attacking The use of force is governed by statute and is usually authorized in a progressive series of actions, referred to as a "use of force continuum. A statute is a formal written enactment of a Legislative authority that governs a Country, State, City, or County. A use of force continuum is a standard that provides law enforcement officials (such as Police officers Probation officers or Corrections officers with [1]
When a conflict is between parties having the same standing, observers often recommend the use of negotiation or other "conflict resolution" techniques. For Wikipedia's negotiation policy see WikipediaNegotiation. For other uses see Negotiation (disambiguation. The term "conflict resolution" refers to a range of processes aimed at alleviating or eliminating sources of conflict When a conflict is between a lawbreaker and a law enforcer, use of force comes into play when the lawbreaker refuses to desist, or attempts to flee from a serious offense. The continuum of force progresses from verbal orders, through physical restraint, up to lethal force. Deadly force is defined as the force in which a person uses causing or that a person knows or should know would create a substantial risk of causing death or serious bodily harm The general rule for application of force is that only necessary force may be used. When force is applied by an individual (for example, to protect life, or property), the amount of force permissible is, likewise, only that which is reasonable and necessary under the circumstances. The reasonable person standard is often used legal term that originated in the development of the Common law. [2]
When a level of force beyond verbal commands is used, the individual or authority authorizing the force is accountable for the degree of force applied. In the case of lethal force, other levels of force must have been attempted first unless lethal force is the only way to minimize loss of life. When the use of military force is employed by the state towards another political entity for defensive purposes, international law requires that the principle of proportionality be applied. International law is the term commonly used for referring to the system of implicit and explicit agreements that bind together nation-states in adherence to recognized values and standards This article is about proportionality the political maxim For other uses of the term proportionality, see Proportionality (disambiguation. [3]
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Military and police
A use of force doctrine is employed by police forces, as well as soldiers on guard duty, to regulate the actions of police and guards. The aim of such a doctrine is to balance security needs with ethical concerns for the rights and well-being of intruders or suspects. In the event that members of the public are injured, this may give rise to issues of self-defense as a justification. The right of self-defense (also called alter ego defense, defense of others, defense of a third person) is the right for civilians acting on their In Jurisprudence, an excuse or justification is a form of immunity that must be distinguished from an exculpation. In the event of death, this may be a justifiable homicide. The United States' concept of justifiable homicide in Criminal law stands on the dividing line between an Excuse, justification and an Exculpation
U. S. soldiers on guard duty are given a "use of force briefing" by the sergeant of the guard before being assigned to their post.
"The only difference between lawful force for police and civilians is that peace officers are not given the option of fleeing the scene to avoid confrontation. " [4]
Indeed, soldiers on guard duty will be severely punished for "abandoning their post" if they leave before being "properly relieved".
For the English law on the use of force by police officers and soldiers in the prevention of crime, see Self-defence in English law. English law is the legal system of England and Wales, and is the basis of Common law legal systems used in most Commonwealth countriesand the In English Criminal law, the defence of self-defence provides for the right of people to act in a manner that would be otherwise unlawful in order to preserve the The Australian position on the use of troops for civil policing is set out by Michael Hood in Calling Out the Troops: Disturbing Trends and Unanswered Questions [5] and, for comparative purposes, see *Keebine-Sibanda, Malebo J. For a topic outline on this subject see List of basic Australia topics. & Sibanda, Omphemetse S. "Use of Deadly Force by the South African Police Services Re-visited". [6].
Use of force continuum
The use of force may be standardized by a use of force continuum, which presents guidelines as to the degree of force appropriate in a given situation. A use of force continuum is a standard that provides law enforcement officials (such as Police officers Probation officers or Corrections officers with A use of force continuum is a standard that provides law enforcement officials (such as Police officers Probation officers or Corrections officers with One source identifies five very generalized steps, increasing from least use of force to greatest. It is only one side of the model, as it does not give the levels of subject resistance that merit the corresponding increases in force. [7]
- Presence (using the effect of the presence of an authority figure on a subject)
- Verbalization (commanding a subject)
- Empty hand control (using empty hands to search, relieve weapons, immobilize, or otherwise control a subject)
- Intermediate weapons (using non-lethal chemical, electronic or impact weapons on a subject)
- Deadly Force (using any force likely to cause permanent injury or death to a subject)
Use of force continuums can be further broken down into much more specific and concrete units. A use of force continuum is a standard that provides law enforcement officials (such as Police officers Probation officers or Corrections officers with
Controversies
In war time, when dealing with civilian populations, civilized countries have laws which restrain their forces from using deadly force. In the mid-twentieth century, nearly the entire civilized world signed a treaty which includes this aspect (see Geneva Convention). The Geneva Conventions consist of four Treaties formulated in Geneva, Switzerland, that set the standards for International law for humanitarian
Civilians must be treated differently than enemy soldiers. They are presumed to be non-combatants and thus should not be hurt, except when this is unavoidable. Non-combatant is a military and legal term describing Civilians not engaged in combat
Controversy arises when it is not clear whether people in civilian areas (or dressed like civilians) have hostile intent (e. g. , saboteurs or infiltrators). A similar problem occurs when hostile forces operate in the midst of civilians (e. g. , firing rockets from an apartment building).
Most countries forbid their military forces to target civilians deliberately but make routine exceptions for cases such as:
- soldiers or terrorists dressed as civilians (treated as combatants)
- enemy fire received from a civilian area (local commanders given discretion to return fire)
- demonstrators turn violent: showing weapons or opening fire (local commanders given discretion to return fire)
It is very difficult to distinguish between peaceful civilian non-combatants and "hostile forces". Several well-publicized incidents reflect this difficulty (see No Gun Ri incident, 1996 shelling of Qana). No Gun Ri massacre ( Korean: 노근리 사건 Hanja: 老斤里事件 was an incident during the Korean War in which between eight and about 150 The shelling of Qana, commonly referred to as the Qana massacre, took place on April 18, 1996 in Qana, a village
See also
Notes
- ^ The use of force is derived from British Common Law in English-speaking countries[1]. A use of force continuum is a standard that provides law enforcement officials (such as Police officers Probation officers or Corrections officers with The monopoly on the legitimate use of violence ( Gewaltmonopol des Staates, also known as monopoly on legitimate violence and monopoly on violence) is the It is a tradition of other legal systems, such as the French Civil Code [2] and is enshrined in international law [3]
- ^ Commonwealth of Australia Reasonable and necessary force. Commonwealth Consolidated Acts. CRIMES ACT 1914 - SECT 3ZQI. Retrieved on: October 8, 2007. Events 314 - Roman Emperor Licinius is defeated by his colleague Constantine I at the Battle of Cibalae, and loses Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century.
- ^ O'Connell, Mary Ellen (2007). Proportionality and the Use of Force in the Middle East Conflict. Jurist: Legal News and Research. Bernard J. Hibbitts. Retrieved on 2007-10-07. Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century. Events 3761 BC - The epoch (origin of the modern Hebrew calendar ( Proleptic Julian calendar)
References
- Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, 27 August to 7 September 1990, U. N. Doc. A/CONF. 144/28/Rev. 1 at 112 (1990).
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