8.3.1 General
This section outlines the requirements for the establishment and documentation of use of force procedures for individuals working on behalf of the organization. The procedures should adhere to legal and international standards for the use of force. Here's a detailed breakdown:
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Use of Force Procedures Establishment:
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Requirements: The organization must establish and document use of force procedures for individuals working on its behalf.
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Competent Legal Authority: These procedures should ideally align with rules for the use of force (RUF) established by a competent legal authority. Competent legal authorities may include the government of the state(s) where the organization is registered or operates, governments with control over the area of operation, governments contracting with the organization for security, or military commanders with authority equivalent to military occupation.
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Alternative Guidance: If authorized RUF is unavailable, organizations should base their procedures on published international guidance for the use of force, such as the United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials 1990 and the Montreux Document.
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Consistency with Laws: The use of force procedures must align with appropriate and relevant laws and undergo legal review before adoption.
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Use of Force Procedures Content:
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The use of force procedures should cover various aspects, including: a) Authorization: Procedures for authorizing the use and carriage of weapons by personnel. b) Use of Force Continuum: Guidance on the graduated use of force, from non-lethal to lethal, depending on the situation. c) Less-Lethal Force: Protocols for the use of less-lethal force options. d) Lethal Force: Protocols for the use of lethal force when necessary. e) Support for Law Enforcement: Procedures for using force when supporting law enforcement activities (if applicable). f) Training: Training requirements and guidelines for personnel regarding the use of force.
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Location-Specific Procedures:
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The organization should establish and document procedures specific to the scope of its operations and the conditions at each location where it operates.
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Consistency with Applicable Laws:
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The use of force procedures must align with applicable legal requirements and contractual obligations.
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Agreement with Other Entities:
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If the organization provides private security operations to other entities, the use of force procedures should be agreed upon with these entities.
By establishing and documenting comprehensive use of force procedures, organizations ensure that their security operations personnel are trained and equipped to handle situations that may require the use of force while adhering to legal and international standards. These procedures should be flexible enough to address location-specific conditions and aligned with relevant laws and contractual agreements.