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of Defence Staff in operational matters. However, we think that the case against
the use of mortars in built-up areas is unanswerable. Contemporary
international best practice and international humanitarian law do not advocate
the use of such weapons in built-up areas.
15.24.
We therefore recommend
that, in future, the leadership of the
JDF pay careful regard to contemporary best practice and learning in relation to
the use of weapons of indirect fire. Consistent with international humanitarian
law, the use of these weapons in built-up areas should be prohibited.
15.25.
And, where their use in
other settings
may be contemplated, the
CDS should utilise the procedure for consultation with the Prime Minister as
provided for in section 9 of the
Defence Act
before resorting to the use of
mortars or similar weapons. There should be a strict application of the relevant
doctrine.
15.26
.
Incendiary devices should not be used.
3.
IMPROVING LEGAL AND ADMINISTRATIVE ACCOUNTABILITY
FOR USE OF FORCE
15.27
The evidence that was presented to the Commission revealed a
pressing need to improve the administrative systems that were designed to
ensure individual accountability for the use of force. In this regard,
we
recommend
the following firearm related systems and procedures for
favourable consideration by the GoJ:
a.
Evidence given before the Commission of Enquiry suggested
that the weapons used by the JCF are not given to ready
ballistic traces.
We therefore recommend
that the JCF
progressively change its weapons systems to developing an
armoury of weapons that are more traceable. In making
this recommendation we recognise that we are simply