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CIMSNex User Guides

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8.3.6 Use of Force in Support of Law Enforcement

This section outlines the procedures and considerations for the use of force when the organization is authorized to support law enforcement operations. Here are the key points:

  1. Authorization for Law Enforcement Support:

    • When authorized by a state to support law enforcement operations, the organization must seek Rules for the Use of Force (RUF) from the relevant law enforcement authority or controlling military authority of the state.

  2. Unavailability of RUF:

    • In cases where RUF is unavailable, the organization's use of force procedures should address specific elements based on the United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials.

  3. Restrictions on Lethal Use of Firearms:

    • The intentional lethal use of firearms should only occur when strictly unavoidable to protect life. This emphasizes the importance of using lethal force as a last resort and only when there is no other reasonable option to protect life.

    • Note that this restriction does not change the inherent right to use reasonable and necessary force in self-defense.

  4. Use of Force Continuum and Identification:

    • The organization's use of force continuum should include visual or aural identification of its personnel as law enforcement, with a clear warning of the intent to use firearms.

  5. Training Aids:

    • The organization should develop training aids to assist its personnel in understanding, remembering, and applying specific use of force procedures or applicable RUF.

Compliance with these procedures ensures that the organization's personnel are aware of the specific rules and limitations when supporting law enforcement operations and that the use of force is carried out in accordance with applicable laws and regulations. The emphasis on using lethal force as a last resort aligns with principles of proportionality and necessity.

 

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8.4.1 Apprehension of Persons

This section outlines the procedures and considerations for apprehending individuals who are alleged to have committed an attack against persons or property protected by the organization's security operations. Here are the key points:

  1. Legal Context:

    • The organization's operational procedures should clearly describe the legal context under which individuals may be held against their will. This involves understanding the legal framework and requirements for apprehension.

  2. Limitations on the Use of Force:

    • The procedures should define the limitations on the use of force during the apprehension process. It's important to ensure that the use of force is proportionate and in accordance with applicable laws and regulations.

  3. Transfer of Custody:

    • The organization's procedures should specify under what circumstances and to whom the organization will transfer custody of the person or persons being held. This ensures a clear and lawful transition of responsibility.

Compliance with these procedures helps ensure that apprehensions are carried out legally and responsibly, with due regard for the rights and safety of all parties involved. It also helps prevent any misuse of force during the apprehension process.

 

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