283 / 494
282
10.23.
Essentially, the UFFP requires members of the JCF to “use only that
amount of force that is strictly necessary”, having regard to the particular
circumstance, and to ensure that use of force is proportionate to the threat of
harm. And, whenever members of the JCF use lawful force, they must –
“
●
minimise any interference with human rights;
●
exercise restraint in the use of force and act in
proportion to the seriousness of the offence and the
lawful objective to be achieved;
●
minimise damage and injury;
●
ensure that medical aid is secured for any person
requiring it at the earliest opportunity.”
The UFFP seems to reflect some of the guidance provided in the UN Basic
Principles on the Use of Force and Firearms by Law Enforcement Officials.
Chief of Defence Staff Instructions for Opening Fire – The JDF
10.24.
These instructions, reproduced at Appendix 18, call for no more
than necessary minimum force. A soldier is required to fire aimed shots at a
person “committing or about to commit an act likely to endanger human life and
there is no other way to prevent the danger” and “against a person attacking or
destroying property or stealing firearms or explosives only if his action is likely to
endanger human life”. A soldier should always try to employ alternatives to
opening fire.
PART 2
10.25.
In Chapter 9, we discussed and reported on certain civilians injuries
and deaths. We turn now to a discussion of the constitutional issues which arise
in respect of those persons and others whose rights may have been breached
during the internal security operation. We have found the approach to these
issues by the team of attorneys-at-law for the OPD in their written submissions