The Military in Law Enforcement

Points for consideration in the development

of standard operating procedures or manuals
 Military in Law Enforcement
Points for consideration in the development of standard
operating procedures or manuals

Version 1.0 (06 March 2009)

 Introduction
Law enforcement encompasses the following basic responsibilities: maintaining public order
and security, preventing and detecting crime, and providing assistance. To fulfil their mission,
law enforcement officials exercise the following basic powers: arrest, detention, search and
seizure, and the use of force and firearms.
Law enforcement is usually performed by police, gendarmerie or security forces, however,
the military may also be called upon to perform such duties. The Code of Conduct for Law
Enforcement Officers recognizes this situation as it includes military forces in its definition of
Law enforcement officers1.
Law enforcement operations involving the military are normally conducted in or associated
with situations other than armed conflict, such as assistance to civilian authorities in case of
natural disaster, internal tensions or disturbances. However, the military may be called upon
to assist with law enforcement throughout the entire scope of military operations, from peace
to all-out war including situations of armed conflicts, occupation and peace support
operations.
Although the performance of such duties by the military is not uncommon, armed forces are
usually neither trained nor equipped for such tasks. Where this is the case, the quality of law
enforcement and the maintenance of public order may suffer. Military forces which are not
properly instructed trained and equipped may become a liability to themselves, their fellow
soldiers and their unit. They are also a threat to the very people it is their duty to protect – the
civilians caught up in the violence – and may well jeopardize the very purpose of their action,
i.e. the restoration of peace and order.
When deploying the military to assist in law enforcement operations, authorities should
ensure that doctrines and procedures reflect international standards pertaining to law
enforcement. The present document, based upon international legal instruments and ICRC
field experience, gathers together a number of issues both humanitarian and legal that need
to be considered by a national military training and doctrine command embarked on the
development of relevant standard operating procedures (SOP) and manuals intended to
ensure the appropriate conduct of operations within the framework of law enforcement tasks.
It does not replace the law.

1
“The term ’law enforcement officials’ includes all officers of the law, whether appointed or elected,
who exercise police powers, especially the powers of arrest or detention. In countries where police
powers are exercised by military authorities, whether uniformed or not, or by State security forces, the
definition of law enforcement officials includes officers of such services” (CCLEO, Art. 1).
Organisation of the points for consideration
Military manuals and standard operating procedures (SOP) are different in nature and,
despite some overlap, they do not necessarily cover the same issues in the same manner.
The present document as a matter of simplification indifferently refers to both SOP and
manuals, leaving it up to the reader, on the basis of his or her own national doctrinal
framework, to select those considerations relevant for each set of documents.
The operational and tactical decision-making process generally follows a similar pattern all
over the world within every military education and training system. It aims to decide on the
elements of the military action required to fulfil the mission ordered by higher command. The
military commander must necessarily take into account existing circumstances, such as the
threat he is to deter, control or suppress; the physical, temporal, human environment in
which the threat must be addressed and the available assets and other support at his
disposal. When all the pertinent factors are analysed and determined, they form the basis of
the operational or tactical order which, in turn, allows a similar decision-making and orders
process to be devolved to subordinate levels right down to the smallest unit.
To fit in with potential users' decision-making process, this briefing note is organised along
similar lines. It focuses on key issues that need to be clarified in writing and adopting an SOP
or manual, such as:
• the commander's responsibility before, during and after an operation, in particular
with respect to planning, directing, recording and reporting an operation;
• tactics to ensure control over escalation and de-escalation of violence;
• the doctrine and procedures for: deployment; arrest and detention; recording and
reporting of arrest and detention; use of force and / or firearms with the necessary
follow-up investigations;
• civil-military relations, command subordination and control as well as mechanisms
for an operational dialogue to facilitate coordination and reporting;
• careful planning of operations, in particular threat analysis;
• selection of appropriate units for the mission;
• selection of adequate means for maintaining or restoring law and order and for the
protection of the personnel involved in the operation;
• how Rules of Engagement (RoEs) can be tailored to a particular mission in the
simplest possible way, to incorporate police powers, rules regarding the use of force
and , in extreme cases, use of firearms; and
• how education and practical training at the different levels should generate
knowledge on what to do (and how to do it) in law enforcement operations.
It is a basic rule of international law that States cannot use domestic law to justify non-
implementation of their international obligations. The present document is, therefore, based
on the assumption that those authorities that have the legal power to change the domestic
statutes, decrees, rules or regulations have ensured that domestic law is in conformity with
international standards.
Contents
Mindset and vocabulary ......................................................................................................... 1
1. Factors of the situation....................................................................................................... 1
1.1. Environment analysis .................................................................................................. 1
1.1.1. Legal framework................................................................................................... 1
1.1.2. Human environment ............................................................................................. 2
1.1.3. Humanitarian situation.......................................................................................... 2
1.2. Threat analysis............................................................................................................ 3
1.3. Mission analysis.......................................................................................................... 3
1.3.1. Law enforcement.................................................................................................. 3
1.3.2. Rules of engagement (ROE) ................................................................................ 3
1.4. Assets analysis ........................................................................................................... 4
1.4.1. Troops.................................................................................................................. 4
1.4.2. Equipment............................................................................................................ 5
1.4.3. Communications .................................................................................................. 5
1.4.4. Infrastructure ........................................................................................................ 6
2. The elements of the action................................................................................................. 7
2.1. Attitude........................................................................................................................ 7
2.1.1. Doctrine and training ............................................................................................ 7
2.2. Objective..................................................................................................................... 8
2.3. Main effort................................................................................................................... 8
2.3.1. Minimum force...................................................................................................... 8
2.3.2. Avoiding incidental damage.................................................................................. 8
2.4. Tempo......................................................................................................................... 9
2.4.1. Escalation of the situation..................................................................................... 9
2.4.2. De-escalation of the situation ............................................................................... 9
2.5. Timeline ...................................................................................................................... 9
2.6. Deployment............................................................................................................... 10
3. The order of operation ..................................................................................................... 10
3.1. Formulation............................................................................................................... 10
3.2. Situation.................................................................................................................... 10
3.3. Mission from the higher echelon................................................................................ 11
3.4. Execution .................................................................................................................. 11
3.4.1. Concept of operation .......................................................................................... 11
3.4.2. Mission(s) to the subordinate(s) ......................................................................... 11
3.4.3 Rules of engagement to the subordinates ........................................................... 11
3.4.4. Coordination measures ...................................................................................... 11
3.5. Logistics.................................................................................................................... 12
3.5.1. Available assets ................................................................................................. 12
3.5.2. Treatment of injured or deceased people ........................................................... 12
3.5.3. Considerations for specific missions................................................................... 13
3.6. Command and Control .............................................................................................. 13
3.6.1. Chain of command ............................................................................................. 13
3.6.2. Control of the execution...................................................................................... 14
3.6.3. Internal reporting ................................................................................................ 14
4. Prevention and sanctions................................................................................................. 14
4.1. Prevention of violations ............................................................................................. 14
4.1.1. Recording and reporting of the use of force and firearms ................................... 14
4.1.2. Reporting on the violation of legal rules.............................................................. 15
4.2. Sanction in the event of violations ............................................................................. 15
5. Specific missions ............................................................................................................. 16
5.1. Maintenance of peace and order............................................................................... 16
5.2. Dealing with assemblies............................................................................................ 16
5.3. Arrest ........................................................................................................................ 17
 5.4. Search and seizure ................................................................................................... 18
5.5. Detention .................................................................................................................. 19
5.6. Questioning............................................................................................................... 20
5.7. Sheltering part of the population................................................................................ 20
5.8 Protection of individual persons and objects............................................................... 21
5.9. Surveillance, intelligence, reconnaissance ................................................................ 21
5.10. Evacuation operations and hostage(s) rescue........................................................ 21

Annexes:
A.1. Essentials of the law applicable to law enforcement missions
A.2. The ICRC
 Mindset and vocabulary
Law enforcement missions have little, if anything, in common with the traditional combat
missions that military prepare for. This essential fact needs to be recognized from the outset.
Consequently, it is necessary to change the mindset of a military user of an SOP or manual
on law enforcement. The document's vocabulary needs accordingly to signal this paradigm
shift clearly. Similarly, the SOP or manual should leave no doubt in the users' minds as to the
legal frame in which they must operate. The document should be written in simple language
that is easily accessible to its users and can be formulated into both rules of engagement
and training documents.
1 Does the SOP or manual refer adequately to the relevant legal instruments (e.g.
national law establishing under which circumstances the police are subordinated to
military command; the military to police command; and any law enforcement officer to
orders from political or judicial authorities; laws dealing with the different law
enforcement powers, related responsibilities, obligations and/or limitations); is this
correctly reflected within the SOP or manual?
1 Does the SOP or manual avoid the use of military terms that are only valid in
situations of armed conflicts and, as such, too easily entail the use of lethal force (e.g.
"threats" rather than "enemies"; "support" or "protect" rather than "attack" or "destroy";
"arrest" rather than "capture")?
1 Does the SOP or manual clearly stress that the use of lethal force is forbidden in law
enforcement operations, except when there is an imminent threat to life?

1. Factors of the situation

1.1. Environment analysis

1.1.1. Legal framework
The choice of involving the military in law enforcement is a State's sovereign decision.
Accordingly, national legislation should regulate its involvement in the domestic arena.
International Human Rights law (IHRL) consists of a set of principles and rules, on the basis
of which individuals or groups can expect certain standards of protection, conduct or benefits
from the authorities. While some instruments set obligations for the agents of a State (e.g.
the right to life or the prohibition of torture) others provide them with guidance of best practice
(e.g. use of force and firearms) in the performance of their duties.
As noted above, national legislation must be in conformity with a State’s international
obligations. Where it is, a State should confirm the legitimacy of any military deployment
through legislation and elaborate the extent of military deployment with clear directives
dealing with command, control and subordination issues in relation to the civil power.
1 Does the SOP or manual refer to the relevant domestic law instruments (e.g. the
Constitution, armed forces organic law, emergency law); the relevant international
instruments (e.g. Code of Conduct for law enforcement officials; Basic Principles for
the Use of Force and Firearms by law enforcement officials; international standards
for detention; partly International Covenant on the Civil and Political Rights;) or any
other relevant legal instrument?
1 Is domestic law in conformity with the relevant international instruments?
1 Does domestic law provide for the resort to military forces for law enforcement
duties; the determination of the authority in the State's apparatus to authorise their
use; describe the role of the military (e.g. potential missions; use of force; arrest;
detention; search and seizure); set any limitation (e.g. in terms of means or
specialised units); detail the chain of authority (e.g. primacy of civil power)?

- 1/22 -
1.1.2. Human environment
By definition, law enforcement by military forces is generally performed in populated areas,
either because the police are absent or because they may no longer be able to respond
alone to a situation. As the main purpose of such military deployments is to restore a
peaceful situation for the benefit of the citizenry, a clear understanding of the human
environment is key to their success.
1 Does the SOP or manual refer to the necessity to gain a clear understanding of the
civil authority (e.g. administration, judicial, police and security apparatus), of the
population (e.g. different groups, culture) and of the infrastructure (e.g. works and
installations essential for the welfare of the population such as medical, social and
civil services, emergency services, water pumping stations, electrical production
centres or works and installations presenting a potential danger such as oil or
chemical industry)?
1 Does the SOP or manual provide clear guidance on the means and methods to gain
an improved understanding of the human environment (e.g. human intelligence,
other sources of intelligence and their comparative advantages); to maintain this
understanding throughout the operations (e.g. liaison officers, human intelligence,
other intelligence sources and their comparative advantages); to detail the
responsibilities within the military to provide the relevant information and the timing
thereof?
1 Does the SOP or manual clearly recall the protection of all people and, in particular,
those not actively participating in the violence and set practical measures to this
end?
1.1.3. Humanitarian situation
The situations in which military deployment is ordered in support of law enforcement
operations often take place in an emergency context (e.g. man-made or natural disasters)
characterised by human suffering. It is a State's responsibility to consider and take care of
the welfare of its population. Authorities and their agents should therefore take all necessary
measures to ensure it.
1 Does the SOP or manual recall the State's responsibility to care for the population
and, as a corollary, recall the military obligations in this regard when performing law
enforcement operations (e.g. protecting vulnerable groups; sheltering; providing
emergency help)?
1 Does the SOP or manual refer to the need to identify groups particularly vulnerable
to man-made or natural disasters (e.g. minorities; refugees; internally displaced
persons; detainees; and among them: elderly, women, minors) and their particular
requirements and expectations?
1 Does the SOP or manual refer to the need to identify humanitarian organisations
likely to respond to the humanitarian consequences in situations of man-made,
technological or natural disasters (e.g. Red Cross or Red Crescent Society; ICRC;
other humanitarian organisations) their specific methods of working in such
situations (e.g. movements with or without escorts; caring for all); their activities
(e.g. relief; medical; detention); their needs and expectations?
1 Does the SOP or manual provide for a system of information exchange (e.g.
security and humanitarian related one) to allow humanitarian organisations to
undertake their relief operations for the benefit of the population efficiently?
1 Does the SOP or manual provide clear guidance as to the means and methods to
be used to acquire and maintain a clear understanding of the humanitarian
environment (e.g. liaison officers; human intelligence; other sources of intelligence
and their comparative advantages) throughout the operation?

- 2/22 -
 1 Does the SOP or manual set out clear instructions for free access for humanitarian
assistance (e.g. vehicle check if necessary and proportionate; free movements
otherwise)?

1.2. Threat analysis

When the military is called upon to perform law enforcement missions it is not to fight against
enemies from abroad, but rather to respond to threats from fellow nationals within the
country. Early and adequate anticipation of the potential evolution of a likely threat helps to
define possible courses of action that may, in turn, allow for a graduated response to the
emerging or current threat.
1 Does the SOP or manual provide explicit guidance how to provide all relevant
background information (e.g. story of the parties or people involved, goals, intentions)
on which to base an assessment?
1 Does the SOP or manual provide concrete guidance for the definition and
consideration in the decision-making process of the different potential antagonistic
courses of action to be considered (e.g. most dangerous threat to the fulfilment of the
mission, other possibilities)
1 Does the SOP or manual provide specific guidance how to record a detailed
description of persons and/or objects that are considered to be part of the threat?
1 Does the SOP or manual recall the general rule of presumption of innocence for
everybody until proved guilty by competent authorities on the basis of the law?

1.3. Mission analysis

1.3.1. Law enforcement
Law enforcement duties encompass a wide variety of possible tasks which require the use of
force to varying degrees. In many situations, the military may simply be called upon to
protect specific persons (e.g. people at risk) to guard critical objects (e.g. water plants,
electrical plants, oil or gas pipelines or installations, chemical industries) or to set cordons in
order to relieve the police of these tasks and enable them to perform other essential duties
(e.g. crime prevention, dispersing unlawful violent demonstrations). Other tasks may actually
put them in direct contact with the population and require resorting to some degree of force
(e.g. dealing with assemblies, in particular violent ones). Given the exceptional nature of the
situation and the fact that general military training and equipment are designed for other
purposes, it is essential that the superior commander's order should be clear and
unambiguous as to the task to be performed and the end-state to be reached.
1 Does the SOP or manual provide practical guidance for the analysis of the mission;
the identification of the different tasks to be performed (e.g. sequence, timelines,
consequences); identification of the limits of the commander’s authority (e.g. financial
engagement of the State's responsibility; enforcement of the laws; assistance to law
enforcement agencies) and instruction on reporting requirements and authorisation
mechanisms?
1 Does the SOP or manual provide practical guidance for what lawful actions may be
taken to deal with the different possible missions (e.g. means and levels of force
authorised; powers to arrest; powers to detain)?

1.3.2. Rules of engagement (ROE)

Rules of engagement (ROE) are issued by competent authorities and assist the delineation
of circumstances and limitations within which military forces may be employed to achieve
their objectives in a specific mission. They are an essential element for both civilian
authorities and the military commander to retain control over the use of force by military
forces performing law enforcement duties. ROE provide an opportunity for commanders to

- 3/22 -
exercise their leadership throughout the chain of command. Far from being an unwarranted
imposition on the operational commander, ROE also provide him with a means to seek
clarification of the rules or request permission to resort to different levels of force if warranted
by a change of circumstances (e.g. according to the different threat scenarios identified by
intelligence to allow alternative operational responses).
1 Does the SOP or manual recall that specific ROE must regulate the use of force by
the military deployed on law enforcement duties in the light of the mission and threat
analysis (e.g. under what conditions and with what limitations may force be used in
the protection of people; the protection of objects; the dispersal of violent crowds; use
of lethal force; the arrest of people; the search and seizure of property); be tailored to
a particular mission in the simplest possible way (e.g. incorporating police powers and
rules regarding the use of force and include, as a last resort, use of firearms)?
1 Does the SOP or manual explain the formulation process of ROE, how to extend or
reduce the ROE parameters and at which levels of command these changes can be
made (e.g. adoption, clarification, request procedures for authorisation)?
1 Does the SOP or manual specify that ROE must detail the identified levels of threat
(e.g. self-defence, defence of third parties) and the appropriate response authorised
at the different levels (e.g. individual and collective); in a manner that is clear (e.g.
understandable, unambiguous and applicable at the appropriate level); concise (e.g.
easily memorized); and complete (e.g. covering all the potential scenarios identified)?
1 Does the SOP or manual give guidance for ROE to indicate what is a lawful use of
force and who may authorise it (e.g. the levels of force – including lethal force, and
the circumstances under which it is permissible to resort to such force), with lethal
force, the appropriate level to which to delegate the decision to use firearms in
different circumstances (e.g. self-defence, individual; identified target, section/patrol
commander, etc.,); the use of warning shots (e.g. if, when and how to fire them,
exceptions when not required)?
1 Does the SOP or manual state the need to train people specifically to respect and
implement ROE for the given mission (e.g. pre-deployment training; work on their
knowledge and understanding; acquisition of appropriate reactions at individual and
collective levels by rehearsing practical situations)?

1.4. Assets analysis

1.4.1. Troops
Generally, armed forces are not properly equipped and trained to deal with law enforcement
missions. It is difficult to demand restraint and minimum force from military forces which have
little or no experience of such situations and whose lives may be in grave danger, if they are
not properly equipped and trained to do the job. If the only tool available is a hammer, every
problem looks like a nail; similarly, if soldiers are only armed with rifles it is to these weapons
they will turn if they feel seriously threatened.
Additionally, some specific tasks, in particular dealing with women require the deployment of
female personnel.
1 Does the SOP or manual provide for the deployment, in priority, of troops or units
specifically equipped and trained for law enforcement missions (e.g. for dealing with
crowds; handling detainees)?
1 Does the SOP or manual provide for the deployment of female personnel (e.g. for
searching women; handling of female detainees)?

- 4/22 -
1.4.2. Equipment
Any military force involved in law enforcement missions needs a range of equipment that
enables it to counter a deteriorating situation with a graduated response. They must be
trained in the use of that equipment.
1 Does the SOP or manual regulate the control, secure storage and issue of firearms
and ammunition, including procedures to ensure that military forces are accountable
for the firearms and ammunition issued to them?
1 Does the SOP or manual state the need for personnel to be provided with adequate
protective equipment (e.g. shields, helmets, special gloves, boots or suits, protective
masks if use of tear gas is foreseen, bullet-proof vests or bullet-proofed transport)
allowing a delay in the need to use force and contribute to the avoidance of an
excessive use of force; for specific combat means not to be deployed in law
enforcement missions (e.g. indirect fire weapons); or restricting their deployment to
specific circumstances (e.g. sniper or assault rifles); to lessen the likelihood of their
use?
1 Does the SOP provide guidance for the adequate deployment (e.g. at the different
levels such as squad or platoon and including reserve) of a variety of means or
weapons to allow a graduated response and hence delaying the use of force, in
particular lethal one (e.g. "non-lethal" weapons or assets, pepper spray, truncheons,
water cannon, baton rounds, rubber bullets)?
1 Does the SOP or manual iterate the need for specific means to be provided to help
carry out specific tasks such as searches and seizures (e.g. handheld metal or
explosives detectors, search dogs or “sniffer” dogs); or to deal with unlawful or violent
crowds (e.g. "non-lethal" weapons or assets, protection equipment such as shields,
armoured cars or fire extinguishers) or proper handling of evidence (e.g. use of
technical assets such as photo, video or camera recording)?
1 Does the SOP or manual recall the need for specific training for all subordinates in
the use (i.e. safety ranges and control over effect) of the different equipment provided
so as to deploy an appropriate and graduated response to any situation (e.g. training
in the use of truncheons batons or dogs, firing rubber bullets at different distances or
live agent training with tear gas or pepper sprays in order to see or experience the
effects of these weapons at first hand learn the safety distance for each asset and
consequently use them appropriately)?

1.4.3. Communications
Means of communication are essential to keep control over troops that often operate in small
groups, to maintain liaison with civilian authorities (e.g. the police) and other actors (e.g.
humanitarian organisations) and to allow communication with both a population that may
need protection (e.g. reassuring them or explaining them the military's action) and those who
violate the law. Sometime the deployment of the military, instead of reassuring a population,
may provoke fear and lead to further deterioration of a situation, it is therefore essential for
the military to be able to communicate with them.
1 Does the SOP or manual provide for the need to explain to the population the
reasons for the military deployment or specific actions (e.g. during or after an action)
to limit any potentially hostile reaction?
1 Does the SOP or manual provide for practical measures to be taken to allow
operational units to maintain open channels of communication with all actors involved
in a situation, including those violating the law (e.g. liaison officers, radios,
loudspeakers, use of local language, glossary, megaphones, loudspeakers, use of
the local radio system)?

- 5/22 -
 1 Does the SOP or manual indicate the minimum communication equipment
requirement for different situations to allow the military force to communicate
effectively (e.g. radios compatible with frequencies used by police or civilian
authorities; loudspeakers to address crowds)?
1 Does the SOP or manual provide guidance as to the quantity and deployment of
translators or interpreters that may be required at the different levels to communicate
effectively?
1 Does the SOP or manual provide guidance for the necessary training regarding the
use of such communication equipment (e.g. when different from the standard military
one)?
1 Does the SOP or manual provide with clear guidance for situations where verbal
communication is not effective (i.e. due to distance, lack or absence of interpreters,
need for a permanent information at a given place) and where visual communication
should be established (e.g. signs, lights, posters)?

1.4.4. Infrastructure
The correct performance of some aspects of the law enforcement function requires the
availability of specific elements of infrastructure (permanent or temporary) to limit the
inconvenience resulting from the application of specific powers (e.g. arrest, search,
detention).
Military involvement in law enforcement operations may be of short or long duration. In most
countries, the military was not originally or specifically tasked to detain people. However, in
situations where the military is involved in law enforcement, it may well be required to detain
people temporarily for a few hours to several days even if they were not originally tasked to
do so. Similarly, the military may also have to shelter part of the population either from
violence or the natural elements. Such tasks may arise from the limited availability or
complete absence of a functioning civil authority or other particular circumstances, such as
the distance from the area of operations to the necessary civilian facilities. The military must
then make sure that it complies with related international standards and hands over these
tasks as soon as possible to the proper civil authorities.
1 Does the SOP or manual provide with guidance for the availability of specific
infrastructure (e.g. separate rooms, screens) for (body) searches to be conducted in
so as to preserve the dignity of the searched person; for the protection of people
temporarily stopped (e.g. queuing at a check-point) from the elements (e.g. sun, rain,
cold)?
1 Does the SOP or manual recall the possible requirement to temporarily detain people
or to shelter part of the population?
1 Does the SOP or manual provide practical guidance and measures to plan (e.g. look
for, identify and prepare proper facilities) and execute temporary detention
operations, considering that persons under arrest or awaiting trial should benefit from
a special regime and should not be detained together with sentenced prisoners (e.g.
space, sleeping arrangements, lighting, heating and ventilation; adequate bedding
and clothing; adequate sanitary and shower facilities; separate accommodation and
sanitary facilities for men and women; drinking water; food; adequate medical care;
separate accommodation and sanitary facilities for minors not detained with their
parents; open-air space; space for family visits and meetings with counsel) or shelter
for the population.
1 Does the SOP or manual provide for the need for specialist units to prepare and
maintain the facilities necessary for the execution of specific powers (e.g. searches);
temporary detention of persons or shelter for the population (e.g. engineers, military
police, civil-military units, logistics)?

- 6/22 -
 1 Does the SOP or manual provide for the rapid hand-over of tasks such as temporary
detention of persons or sheltering of the population to the proper civilian authorities
(e.g. police, penitentiary services or civil defence)?

2. The elements of the action

2.1. Attitude

2.1.1. Doctrine and training

A State's armed forces are generally trained and equipped to face external threats from other
States. Armed conflicts between them draw on operational concepts such as the
concentration of force and fire and manoeuvre of large units and formations in order to
destroy or defeat the enemy. In law enforcement operations, the military will need to adjust
itself to a smaller scale of operations and develop the tactical mobility and graduated
responses required to deal with this lower intensity of violence in order to restore peace and
order. This requires the adoption of proper tactics, comprehensively described in practical
operational and tactical drills and procedures. These, in turn, must form the core of a
systematic training in order to produce well drilled reactions at both collective and individual
levels.
1 Does the SOP or manual provide tactics and procedures to master both the
escalation and de-escalation of the violence (e.g. proper behaviour to achieve such
result; lethal force as the last resort)?
1 Does the SOP or manual provide methodological guidance for the training of
personnel (e.g. short lectures on the applicable law, immediately followed by practice
– including short plays or practical demonstrations – as realistically as possible
covering following issues: dealing with unlawful but peaceful assemblies; riot control
drills; arrest and detention procedures; search and seizure procedures; treatment and
evacuation of injured comrades and people; training in the use of new equipment
such as batons, shields, rubber bullet guns, etc., in order, for example, to know how
to minimize unnecessary harm; opening fire, (highlighting the dangers of firing in an
urban environment); for training packages to be prepared in advance and updated
regularly?
1 Does the SOP or manual provide explicit measures for the training of individuals (e.g.
drills for opening fire, handling of arrested persons, preservation of evidence, search
and seizure of private property, dealing with unlawful assemblies); specified
mechanisms for collective unit training (e.g. documenting, recording, reporting and
handling of arrested persons, preservation of evidence); for joint training between the
military and police, civilian authorities and organisations to ease operational problems
(e.g. chain of command, delegation of authority, reporting, communication and
liaison)?
1 Does the SOP or manual provide explicit measures for the provision of means and
weapons in order to control the escalation of violence and deescalate it (e.g. standard
unit or personnel equipment); for the provision of female personnel (e.g. for searches
or handling of female detainees)?
1 Does the SOP or manual provide definite guidance for the adoption and review of
weapons prior to validation by doctrine (e.g. circumstances for its use; personnel to
be permitted to carry or use the weapons; advantage in relation to other means of law
enforcement; intended and safety ranges of the weapon and the type of injury
expected even if the weapon is used for its intended purpose; predictable long term
or permanent alteration to persons’ psychology or physiology; potential to be used
inappropriately; nature of injury expected if the weapon is used in ways other than its

- 7/22 -
 intended purpose or intended ranges); for the adoption of tactics (e.g. probability for
lending themselves to excessive use of force)?

2.2. Objective
The objectives of law enforcement operations differ from those sought in combat operations.
The very purpose of law enforcement under all circumstances remains to maintain or restore
peace and order. Deploying the military for this purpose does not automatically require them
to resort to force. On the contrary, they should exercise restraint throughout in order to have
a positive effect on the situation they are deployed to improve. Therefore, there is a clear
need for the authorities to set unambiguous objectives.
1 Does the SOP or manual identify indicators of success for law enforcement missions
by the military (e.g. improving the situation; maintaining or restore peace and order)?
1 Does the SOP or manual provide with definitions or adaptations of relevant areas
(e.g. areas of interest, responsibility and action) for every law enforcement mission?
1 Does the SOP or manual require commanders to limit the parameters of a given
operation to the sought after objective (e.g. search and arrest operation strictly limited
to the immediate surroundings of the searched place, without interfering unduly with
the normal fabric of life by the rest of the population in the vicinity)?

2.3. Main effort

Main effort in law enforcement clearly differs from that of combat operations. Main effort
sought should therefore signal the paradigm shift to subordinates and whenever
communicating with the civilian authorities or population (i.e. including the reference or use of
adequate vocabulary).

2.3.1. Minimum force

Whereas in combat functions the use of force against enemy combatants or military
objectives, in accordance with the law of armed conflict, is the rule; in law enforcement, it
clearly is and must remain the exception. This needs to be clearly and unambiguously
signalled.
1 Does the SOP or manual correctly reflect the international standards relevant to the
use of force and firearms in law enforcement (e.g. principles of legality, necessity,
proportionality and precaution) and offer guidance about alternative actions (i.e.
different from resorting to force) in response to an escalation of the violence?
1 Does the SOP or manual make clear that the use of inappropriate or excessive force
can only fuel the disorder and, ultimately, add to the threat?
1 Does the SOP or manual provide guidance for appropriate language to define the
commander's main effort (e.g. ensuring the security of the population and their
property, minimizing direct damage, maintaining or restoring the authority of the
civilian administration) preventing thus the use of terms which may appear too
aggressive and be misunderstood by the listener or reader (e.g. stressing the notion
of minimum force, limiting force to exceptional circumstances?

2.3.2. Avoiding incidental damage

In combat operations military necessity may justify unintended or collateral damages
provided these do not outweigh the concrete and effective military advantage anticipated.
The same rationale does not apply for the use of force and firearms in law enforcement.
To be successful, the performance of law enforcement by the military needs to have as little
adverse effect on the population at large as possible. Otherwise, the risk is high that its
operation contributes to a further deterioration of the situation and an escalation of violence

- 8/22 -
along with the prospect of antagonising the very population that the military are meant to
protect.
1 Does the SOP or manual recall for the need to take precautionary measures
throughout the process (e.g. planning, execution, after action) in order to minimize
incidental (unintended) damage to persons and/or objects and does it specify
concrete measures to that end (e.g. control, corrective measures)?
1 Does the SOP or manual describe the administrative and legal mechanisms that
permit the victims of such damage to obtain recognition of their rights and
reparation/compensation (e.g. fair inquiry, fair trial, financial compensation)?

2.4. Tempo
Since one of the tenets of law enforcement missions is the ability to produce a graduated
response to control both the escalation and de-escalation of violence, tempo is important to
sense the pulse or mood of the crowd or population in the attempt to control escalation.
1 Does the SOP or manual provide guidance for the sequence of the action; the
escalation of the response (e.g. steps and thresholds); and the decrease of the
tension or violence?

2.4.1. Escalation of the situation

Although it is correct to assume that the opposing party's actions will shape the response by
the military. Controlling the escalation of violence is commonly mistaken with mechanically
responding to a determined level of threat with a certain amount of force, thus often leading
to the next level until both sides either resort to lethal force or one side gives up. Two things
should be recognised here. Firstly, a threat is determined by a set of factors conditioned as
much by both contenders' physical and psychological conditions, the means available to
them, their particular skills and abilities and their environment. Secondly, one contender may
have an interest in pushing the other to use excessive force in order to fuel the cycle of
violence. Consequently, there should be no "standard response" even to a "standard threat"
and no mechanical steps in the response. Controlling the escalation of violence means,
therefore, developing alternative actions in order to refuse or to break the vicious circle of
violence.
1 Does the SOP or manual provide with concrete guidance for the development of
alternative actions to control the escalation of violence (e.g. verbal communication,
visual deterrence, leaving the ground)?

2.4.2. De-escalation of the situation

As a corollary to controlling the escalation of violence, military deployed in law enforcement
should always aim at restoring peace and order by decreasing the threat of force or the
applied force whenever feasible.
1 Does the SOP or manual provide with concrete guidance for the development of
alternative actions to de-escalate violence (e.g. verbal and non-verbal communication
to signal varying degrees of preparation to use force, reducing presence)?

2.5. Timeline
Military involvement in law enforcement operations may be of short or long duration.
Therefore, different timelines may have an impact on both the execution of the mission and
the population.
1 Does the SOP or manual provide clear guidance how to identify and consider specific
timelines during the course of an operation, i.e. time constraints impacting the
execution of the mission and the population (e.g. mission duration, daylight duration,

- 9/22 -
 season and related weather, beginning or end of daily worktime, prayer time, week-
end, religious events)?
1 Does the SOP or manual provide clear guidance on the essential differences and
requirements in operating in the day or at night (e.g. visual communication,
identification as law enforcement officials, ability to observe) as well as on the manner
to pursue an already engaged operation when conditions change (e.g. day to night,
night to day, heavy rain, severe cold)?

2.6. Deployment
Deployment must consider both the volatility of the situation (i.e. its potential evolution in
terms of increasing or decreasing violence) and the non verbal signal sent by the
presence of the military (i.e. as a reassuring factor or to the contrary a destabilising one).
In such an environment reserves with the proper equipment in key areas remain essential
to effectively respond to changing conditions.
1 Does the SOP or manual provide guidance for the deployment sequence to be linked
to the current or anticipated threat (e.g. non-verbal communication or visual
deterrence through increasing or decreasing numbers or appearance signalling
varying degrees of preparation to use force); for the existence of sufficient and
adequate reserve units or equipment (e.g. to give a sense of confidence and an
actual back-up to already deployed if need arises thus delaying the use of force or
firearms)?
1 Does the SOP or manual provide guidance for weighing the pros and cons of
deploying certain units or equipment against their potential provocative effect (e.g.
signalling readiness to use force too early or too fast and possibly inviting thus
escalation from the other side)?
1 Does the SOP or manual provide clear guidance for the deployment of troops in
coordination with other actors (e.g. police; civilian authorities, including local political
leaders and authorities)?

3. The order of operation

3.1. Formulation
To facilitate the understanding and correct execution, the operational or tactical order should
be formulated as far as possible along the traditional national sequence of the military
operational or tactical order. Orders headings should be added or amended to take into
account the particular circumstances of law enforcement by the military and must provide
specific and unambiguous guidance for the execution of the order.
1 Does the SOP or manual provide guidance for the operational or tactical order so as
to leave no ambiguity as to the commander's intent, concept of operations, tasks and
coordinating instructions (e.g. clarification of potentially misleading element of the
situation or any potential unintended wrongdoing uncovered by the staff during the
decision-making process; measures to avoid both intentional or unintentional
misdirection and misunderstanding of the order; the correct behaviour or reactions
expected on the ground)?

3.2. Situation
The subordinates - down to individual level - are to be informed of all the relevant elements
of information permitting them to correctly understand the framework – including the legal
one - in which the operation takes place and be kept abreast of any significant evolution of
the situation.

- 10/22 -
 1 Does the SOP or manual impose to add to the description of the general situation (i.e.
threat and other forces involved) specific elements to explain the current or
anticipated disorders or situation (e.g. roots, reasons, circumstances) and a brief
reminder of the legal background governing the conduct of the received mission (e.g.
legal basis for military deployment, subordination or not to the police, principles
governing the use of force and firearms)?

3.3. Mission from the higher echelon

As for combat operations, the mission received from the higher or ordering echelon is to be
accurately and extensively quoted, so as to give all subordinates a clear understanding of the
broader operations in which they are called to participate.
1 Does the SOP or manual provide guidance in case of doubt as to the legality of the
received order (e.g. seeking clarification, making possible to refuse a blatantly illegal
order)?

3.4. Execution

3.4.1. Concept of operation

As for combat operations, the concept of operation is to unequivocally describe the
commander’s intention about the execution of the received mission and give a global image
of the collective action of the different subordinates.
1 Does the SOP or manual provide guidance as to the appropriate language to be
used?

3.4.2. Mission(s) to the subordinate(s)

As for combat operations, every engaged subordinate (including reinforcement and reserve
elements) is to be given a clear and unequivocally legal mission.
1 Does the SOP or manual provide guidance for the use of principles of the use of force
and firearms (i.e. legality, necessity, proportionality and precaution) in the drafting
and adopting of missions for subordinates?
1 Does the SOP or manual provide with clear guidance for the unequivocal delineation
of powers and limitations thereof (e.g. arrest, detention, search and seizure) vested
upon subordinates for fulfilling their missions?

3.4.3 Rules of engagement to the subordinates

As an annex to the operational order, rules of engagement must be communicated to the
subordinate level in an adapted version (i.e. considering their specific mission(s) and level(s)
of authority for the use of force and firearms). Additionally, coloured pocket cards (i.e. in
accordance with foreseen evolution of the situation) may be necessary for junior levels.
1 Does the SOP or manual provide guidance for the adaptation of the received rules of
engagement to subordinate levels (e.g. responsibility for this process, steps, adoption
during decision-making process)?
1 Does the SOP or manual provide practical and concrete guidance for the operational
order to contain the adapted version of the rules of engagement (i.e. format); for them
to be effectively communicated to subordinate levels; and for the latter to be
specifically trained in their respect?

3.4.4. Coordination measures

As for combat operations, coordination measures aim to harmonise the performance of the
collective mission through determining common attitudes or answers to common concerns,
fixing timelines or specific responsibilities, reminding on specific rules or potential

- 11/22 -
development(s) of the action. In law enforcement, they take another dimension as they must
also serve to harmonize the actions by the military with those performed by other actors (e.g.
authorities, police).
1 Does the SOP or manual provide concrete guidance for the effective implementation
of rules of engagement (ROEs) permitting the regulation or control on the use of force
during the execution of the mission (e.g. adoption, distribution, dissemination, use,
meaning, modalities of application, training in)?
1 Does the SOP or manual stress the need for the establishment and management of a
structure (e.g. civil-military co-operation or CIMIC) allowing for the necessary contacts
between civilian and military authorities, the forces (e.g. police) engaged in the
operation and the representatives of the external actors (e.g. humanitarian actors)?
1 Does the SOP or manual provide guidance for the transmission up the chain of
communication for the mandatory reporting on and review of the use of force and
firearms; of any resulting casualty; of firearms and ammunition accounting (e.g.
responsibilities, format, timelines)?
1 Does the SOP or manual provide guidance for the identification, localisation and
reporting thereof of relevant installations and persons of interest for the performance
of the operations (e.g. medical, police, authorities) and other persons and installations
at risk to be preserved from the violence (e.g. religious, cultural objects, minority
members, installations containing dangerous forces, installations indispensable for
the survival of the population)?

3.5. Logistics

3.5.1. Available assets

A special attention is to be paid to the timely availability and in sufficient numbers of these
assets that are not systematically resorted to in military traditional operations, so as to delay
the use of force and thus prevent improper or abusive use.
1 Does the SOP or manual provide guidance for the use of every asset's effect (e.g.
truncheon, baton, rubber bullet, teargas) to be kept at the level it is originally intended
for within foreseen circumstances of use (e.g. respecting safety distance, anticipating
or minimising known effects)?
1 Does the SOP or manual provide guidance for the use of instruments of restraint (e.g.
handcuffs, auto-blocking plastic devices) to be limited strictly to their legal short-term
intend (e.g. security, prevention of escape) to minimise the potential risks associated
with their improper use (e.g. paralysis if excessively tightened)?
1 Does the SOP or manual provide with guidance for a strict control on distribution and
potential use of live ammunition (e.g. distribution only to the few troops specifically
tasked for this purpose if need arises, fixed number that makes accounting and
control possible)?

3.5.2. Treatment of injured or deceased people

A special attention must be paid to the obligation to collect and care for the wounded or
injured, to allow and facilitate safe access to medical centres for them and to protect and
respect them. Consequently, any person injured during law enforcement operations should
have access to medical care without discrimination. They must receive, to the fullest extend
possible and with the least possible delay, the medical care and attention required by their
condition. There can be no discrimination between those who need medical attention for any
reasons other than medical ones.

- 12/22 -
 1 Does the SOP or manual provide clear instructions to deal with wounded people (e.g.
providing or facilitating access to the appropriate medical structures; not removing a
person from the hospital if the person needs care that only that hospital can provide)?
1 Does the SOP or manual provide guidance on behaviour in medical structures (e.g.
information on the rights and duties of health care personnel; interview the injured
person if his / her condition so permits as determined by a competent and responsible
health professional)
1 Does the SOP or manual provide precise instructions for dealing with dead bodies;
(e.g. necessity to identify any dead person and inform the families; body disposal;
preservation of chain of evidence)?

3.5.3. Considerations for specific missions

Specific logistics considerations needs to be taken in function of the different tasks at
hand. Even when the military was not originally or specifically tasked to arrest or detained
persons they should prepare for such activities as these may occur at all times. Poor
preparation in this regard inevitably leads to difficulties for the involved units and possible
abuses. Therefore the proper handling of arrested or detained people impose a number
of logistical requirements to be met.
1 Does the SOP or manual provide concrete guidance for the operational order to detail
logistics considerations necessary for the performance of specific law enforcement
missions (i.e. maintenance of peace and order; dealing with assemblies; arrest;
search and seizure; detention; questioning; sheltering part of the population;
protection of individual persons or objects; surveillance, intelligence and
reconnaissance; evacuation operations and hostage(s) rescue see also under 5.
specific missions) recall the possible requirement to perform surveillance, intelligence
or reconnaissance; similarly does it provide to recall this possibility and contain the
necessary measures to this end?

3.6. Command and Control

3.6.1. Chain of command

Command and control is an issue that military are familiar with whenever they operate jointly
or additional units are attributed to them as reinforcements. In the case of law enforcement,
military may either be subordinated or not to the police or any other state's agency. However,
this situation may well evolve overtime due to prevailing conditions. Furthermore,
responsibility often rests at junior levels of command. Military personnel deployed in law
enforcement missions are to be clearly informed on the chain of command directing the
operations in which they take part as well as on the legal environment amidst which they are
operating.
1 Does the SOP or manual provide guidance for the order for the law enforcement
operation to clearly delineate the inter-connexion and responsibilities between the
military and the civil chains of authority (e.g. subordination, ultimate primacy of the
civil power)?
1 Does the SOP or manual provide guidance for the regulation of individual authority
(e.g. who decides what at what level in particular in relation with the use of force and
firearms)?
1 Does the SOP or manual provide guidance for the order of operation to correctly
reflect and convey to the deployed units the applicable legal framework (e.g.
domestic law, international standards)?

- 13/22 -
3.6.2. Control of the execution
The restraint on and accountability for the use of force and firearms, the environment and
tactics proper to law enforcement (e.g. contact with people, small units acting in a
decentralised way, responsibilities vested on junior ranks) together with the disastrous effect
that inappropriate responses by the military may provoke impose a strict control over the
execution of the mission.
1 Does the SOP or manual provide with concrete guidance for a tight control (e.g. on
site inspections, communication lines and means, regular reporting, intelligence
requirements and priorities to detect deterioration of situation and/or control the
correct execution of the mission)?

3.6.3. Internal reporting

In combat, military are not normally required to report every single incident resulting in death
or injury neither are they accountable for each round fired. In law enforcement, the
international standards applicable require much tighter rules and procedures to control the
use of force, necessitating thus a major adjustment for the military operating in such
situations.
1 Does the SOP or manual provide specific guidance for the operational or tactical
order to ensure that whenever a firearm is used operationally the fact is reported and
recorded (e.g. time, format and procedure)?
1 Does the SOP or manual require the operational or tactical order to provide for
prompt reporting by subordinates (e.g. through the chain of command as well as to
political and judicial authorities), in any case to promptly report all injuries or deaths
caused by the use of force and firearms (e.g. timeline, format and procedure)?
1 Does the SOP or manual require that a part of the operational or tactical order
ensures that information and reports are passed up the chain of command to the
competent authorities without undue delay to enable administrative review and
judicial control by the competent authorities (e.g. effective reporting system,
procedure and format); provide guidance to this end?
1 Does the SOP or manual state how the operational or tactical order should provide
for the treatment of information related to the use of force and firearms (e.g.
responsibilities for analysis, evaluation, corrective action)?

4. Prevention and sanctions

4.1. Prevention of violations

4.1.1. Recording and reporting of the use of force and firearms

When deployed in armed conflicts, military forces are not accountable for their use of force
and firearms so long as it remains within the bounds of the law of armed conflict. It is
therefore unusual for them to record and report every use of force in combat missions.
However, it is a normal procedure to review operations in order to identify lessons learned to
prevent the repetition of possible mishaps. In law enforcement missions, the use of force or
firearms by troops (including lethal force as last resort) may have a dramatic effect on the
whole situation. It is therefore both a legal obligation and an operational necessity to record
and report on the use of force and firearms to later complete an after action review. This will
identify best practices and prevent the occurrence or repetition of possible mishaps. To be
effective this obligation must be translated into practical measures, mechanisms and means
which are readily understood by all who may be authorised to use force and firearms.
1 Does the SOP or manual identify the levels of responsibility for recording and
reporting the use of force and firearms throughout the chain of command and

- 14/22 -
 headquarters staffs (e.g. stating commanders and junior leaders responsibility,
identifying responsible appointments within staff); provide coordination measures for
the faultless communication on the use of force and firearms (e.g. within the chain of
command and within the staff as several appointments may be involved); provide the
necessary means to record and promptly report their use (e.g. format for recording,
communication means or channels); recall the necessity to train all personnel
accordingly?

4.1.2. Reporting on the violation of legal rules

Law enforcement missions place a considerable burden on commanders. Responsibility
often rests at very junior levels of command. A wrong decision or action by a corporal or
platoon commander can have consequences that attract political attention at national or even
international level. Arbitrary or abusive use of force and firearms by soldiers is generally
punishable as a criminal offence under national law. It is a duty of a commander, at any
level, to take the necessary actions to prevent, to stop and to repress any violation of which
he is aware. As a corollary, the internal disciplinary system must provide commanders with
the necessary means to impose respect for the law.
1 Does the SOP or manual explain that commanders are held responsible if they know,
or should have known, that those under their command resort, or have resorted, to
the unlawful use of force and firearms, and they did not take all measures in their
power to prevent, suppress or report such use; set out the means available to take
immediate action to prevent, stop or repress ongoing violations (e.g. ROE, training,
reporting, control, investigation, disciplinary measures); provide the commander with
the necessary procedure to report violations at higher level (e.g. threshold of
seriousness, criminal procedures)?
1 Does the SOP or manual recall that obedience to a superior's order is no defence in
court if a subordinate knew that an order to use force and firearms resulting in death
or serious injury was manifestly unlawful, and he had a reasonable opportunity to
refuse to follow it; that responsibility also rests with the superiors who gave the
unlawful orders; that no criminal or disciplinary sanction may be imposed on military
personnel who refuse to carry out such an order, or who report such abuse by other
officials?

4.2. Sanction in the event of violations

Law enforcement missions place a considerable burden on commanders. Responsibility
often rests at very junior levels of command. A wrong decision or action by a corporal or
platoon commander can have consequences that attract political attention at national or even
international level. Arbitrary or abusive use of force and firearms by soldiers is generally
punishable as a criminal offence under national law. It is a duty of a commander, at any
level, to take the necessary actions to prevent, to stop and to repress any violation of which
he is or should be aware. As a corollary, the internal disciplinary system must provide
commanders with the necessary means to impose respect for the law.
1 Does the SOP or manual make clear that authors of yiolations of the law (e.g.
domestic law, international standards) will be prosecuted and punished; that their
superiors are equally liable to be prosecuted and punished?
1 Does the SOP or manual recall the right of victims (or their relatives in case of death
or incapacity) of abuses by the military or any state's agent to denunciate the case
and claim compensation for the damages or prejudice caused to them?
1 Does the SOP or manual make clear that failure to report on a violation is in itself a
violation?

- 15/22 -
 5. Specific missions
5.1. Maintenance of peace and order
When called upon to perform law enforcement duties, the military are there to prevent a
further escalation of violence and seek to restoring peace and order. This may entail keeping
sides apart; manning observation posts, road blocks or checkpoints to control the access to
the location where violence takes place; controlling demonstrations, controlling or dispersing
unlawful or violent assemblies; enforcing curfews. All of these tasks, due to the highly volatile
circumstances, require the ability to graduate the response both in terms of means and
methods and the need for close control of the troops as mistakes on their part can have
disastrous consequences.
1 Does the SOP or manual recall the possible requirement to restore peace and order
(i.e. providing a clear definition thereof that must either be maintained or restored);
similarly does it provide concrete guidance for the operational order to recall this
possibility and contain the necessary measures to this end?
1 Does the SOP or manual define public order?
1 Does the SOP or manual detail the essential civil and political rights of people (e.g.
freedom of expression, assembly); the legal process that permits to temporarily limit
one or some of these rights (e.g grounds, authority to take the decision, authority to
implement it, authority to supervise its implementation)?
1 Does the SOP or manual provide guidance for the distinction between lawful and
unlawful assemblies (e.g. process to organise or submit, authority to authorise,
grounds for doing so, authority of supervision); peaceful and violent ones?
1 Does the SOP or manual clearly state that force is not to be used against lawful
assemblies, as long as these remain peaceful?

5.2. Dealing with assemblies

The phenomenon of people taking to the streets to express their opinions publicly is common
enough in most countries of the world. Events such as rallies, demonstrations (or whatever
they may be called) are seen as an inevitable consequence of individual and collective
freedom. Although such events are not necessarily violent, unfortunately the occasions that
tend to stand out and be remembered are those where physical confrontation occurs (among
demonstrators or between demonstrators and law enforcement officials). Military may be
called to reinforce the police or even to replace it to deal with these different assemblies.
1 Does the SOP or manual specify whether the military have authority to deal with
assemblies, in particular unlawful or violent ones?
1 Does the SOP or manual provide concrete guidance for the operational order to recall
this possibility and contain the necessary measures to this end?
1 Does the SOP or manual provide concrete and adequate criteria for the definition of
assemblies (i.e. lawful and peaceful, lawful and violent, unlawful and peaceful,
unlawful and violent) to guide the graduated response (e.g. selection of units, means
and methods) for each case or for the evolution of the situation from one to another?
1 Does the SOP or manual emphasize the use of minimum force and restraint as the
prevailing rule (e.g. weapons may only exceptionally be used, they are never to be
used as the sole means of dispersing a peaceful, unlawful or violent crowd)?
1 Does the SOP or manual recall the need and provide tactics designed to enable a
graduated response (e.g. negotiate or mediate with leaders; deploying out of sight;
offering alternative, less contentious routes; securing lateral routes; leaving avenues
of retreat free for the crowd to disperse)?

- 16/22 -
 1 Does the SOP or manual provide concrete guidance for the dispersal of unlawful but
non-violent assemblies (e.g. avoiding the use of force or, where that is not
practicable, restricting such force to the bare minimum necessary in order to protect
life)?
1 Does the SOP or manual provide concrete guidance for the dispersal of violent
assemblies (i.e. firearms only to be used in the case of imminent death, when less
dangerous means are not practicable and only to the minimum extent necessary;
proper warning to be given before using firearms unless this would be clearly
pointless at the circumstances ruling at the time; use of sniper fire for that purpose)?
1 Does the SOP or manual stress the need, when dealing with assemblies, to use in
priority specifically trained units (e.g. supporting the police, deploying specific military
units trained in crowd control) whenever these units are available; with an equipment
enabling a graduated response (e.g. protective equipment or means to delay as much
as possible the use of a higher level of force)?
1 Does the SOP or manual provide guidance for the operational or tactical order to
provide good command and control at very junior levels in order to prevent incidents
which further contribute to a deterioration of the situation (e.g. reporting,
communication, control and correction measures)?

5.3. Arrest
The military is trained in procedures to capture and handle enemy combatants who
participate in hostilities. In law enforcement missions, the distinction between arrest and
detention is of importance as each entails different rights, duties and actions.
Circumstances might require military personnel to make arrests where they were not
specifically tasked to do so. Lack of a system to ensure the correct handling of arrested
people makes the due process of law difficult and inhumane treatment of those arrested
more likely. Furthermore, where large numbers of people are arrested, documentation is
likely to be inadequate and so continuity of evidence may be lost. Arrest must only be carried
out strictly in accordance with the provisions of the law and by competent officials or persons
authorized for that purpose. The military need, therefore, to be well versed in the arrest
procedures required by the law (e.g. circumstances for arresting; material conditions and
treatment).
1 Does the SOP or manual recall the possible requirement to arrest persons; similarly
does it provide concrete guidance for the operational order to recall this possibility
and contain the necessary measures to this end?
1 Does the SOP or manual state the need to specify in the operational or tactical order
whether the military have powers of arrest (i.e. defining the term) in the course of their
duties (e.g. reference to national law)?
1 Does the SOP or manual insist on the presumption of innocence and the right for
persons deprived of their liberty to be humanely and respectfully treated (e.g. search,
see also 5.4 search and seizure?
1 Does the SOP or manual recall the rules governing the use of force (i.e. minimum
force, legality, necessity, proportionality and precaution) and firearms (i.e. limited
strictly to imminent threat of death) and define those circumstances in which
instruments of restraint may be used in the process of arresting people?
1 Does the SOP or manual specify the grounds for arrest (e.g. the alleged commission
of a criminal offence under domestic law); the procedures established by law to be
respected when arrests are made (e.g. immediately informing the individual the
reason for arrest; recording and registration; notification of rights; notification of next
of kin; legal counsel of choice; transfer to a place of official custody; prompt

- 17/22 -
 appearance before a judge; length of time and conditions; presumption of innocence)
and special rules for specific groups (e.g. women, minors and children).
1 Does the SOP or manual require that the arrest procedure is initiated and followed
professionally by those best trained to do so (e.g. temporary holding point where the
arrested person is immediately handed over to the military or civil police; availability of
appropriate judicial authorities) and that arrested persons are held by the military for
as short a time as possible (e.g. rapid hand over to civilian police or appropriate
judicial authority)?
1 Does the SOP or manual provide concrete and practical guidance for the planning
and execution of collection of arrested people (e.g. joint collection points with the
police, collection points under military police control) to ensure proper handling
thereof; the prompt evacuation of arrested people (e.g. registration, sheltering,
transport)?
1 Does the SOP or manual state that, if supporting military or civil police are
unavailable, the arrest and consequently detention procedures remain a unit
responsibility until such time as the police can take over (see also under 5.5
detention)?
1 Does the SOP or manual emphasise the importance of preserving the chain of
evidence (e.g. recording a statement of the events, motives and circumstances
leading to the arrest, date time and place of the arrest, where the individual was
arrested, when interviewed, when provided with food and water; the subsequent
transfer of the arrested person by the arresting officer/soldier to the civil authority);
and provide for the use of technical assets to do so (e.g. photo, video or camera
recording)?
1 Does the SOP or manual provide with guidance for the communication up the chain
of command, without delay, of the arrest performed (e.g. levels of responsibility,
recording, format, timelines)?

5.4. Search and seizure

Legal authority and procedures relating to the right to conduct searches is governed by
domestic law. Prior to operations, soldiers must be instructed in the rules that apply to the
civil police in their country. The military conducting law enforcement may have to carry out
searches in connection with various tasks. For example, they may have to search persons
(e.g. spot-check of a suspicious person, routine searches of people entering restricted areas
or shopping precincts, systematic search of arrested people, people at vehicle checkpoints,
identity checks); vehicles (e.g. at checkpoints); property (e.g. private homes, business
premises, goods containers).
1 Does the SOP or manual recall the possible requirement to perform search and
seizure; similarly does it provide concrete guidance for the operational order to recall
this possibility and contain the necessary measures to this end?
1 Does the SOP or manual specify whether military have the authority to conduct
searches and seizure (e.g. need for warrant); if so, does it recall both the reason for
the search (e.g. strong suspicion of an offence or as a justifiable deterrent, i.e. to
dissuade bombers from entering a town, village or shopping precinct); and the
procedures for the search (e.g. with respect to people and dignity: quickly and
efficiently, by a person of the same gender, specific rules for women and children) as
stated in national legislation?
1 Does the SOP or manual specify measures for the prevention of abuse and
protection of military against such allegations (e.g. presence and cooperation of the
owner; search certificates and receipts in case of seizure countersigned by owner)?

- 18/22 -
 1 Does the SOP or manual make provision for the care of the civilian population during
long, drawn-out search operations (e.g. cordon and search which may last for hours);
in particular for the sick, the elderly, pregnant women, women with young children
(e.g. shelter, food, water and even emergency medical support, alternative shelter
and support if the population cannot use its own property because of the search
operation)?
1 Does the SOP or manual ensure that the chain of evidence is preserved (e.g.
recording the events, date and time of the search, number of troops involved, area
searched, motives and circumstance, warning given, number of displaced people,
actions taken in respect of those displaced or arrested, and of property confiscated,
reporting to superior through the use of possible technical assets such as photo,
video or camera recording)?

5.5. Detention
Military involvement in law enforcement operations may be of short or long duration. In most
countries where police primacy is the norm, the military has no authority to detain people.
However, in situations where the military is involved in law enforcement, it may well be
required to detain people temporarily for a few hours to several days. Such tasks may arise
from the limited availability or complete absence of a functioning civil authority or other
particular circumstances, such as the distance from the area of operations to the necessary
civilian facilities. The military must then make sure that it complies with related international
standards and hands over these tasks as soon as possible to the proper civil authorities.
Detention must only be carried out strictly in accordance with the provisions of the law and by
competent officials or persons authorized for that purpose. Even where the military is not
originally or specifically tasked to detain, they need to be well versed in the detention procedures
required by the law (e.g. circumstances for arresting; material conditions and treatment).
1 Does the SOP or manual recall the possible requirement to temporarily detain people;
similarly does it provide concrete guidance for the operational order to recall this
possibility and contain the necessary measures to this end?
1 Does the SOP or manual specify the grounds for detention (e.g. the alleged
commission of a criminal offence under domestic law); the procedures established by
law to be respected when arrests are made (e.g. immediately informing the individual
the reason for arrest; recording and registration; notification of rights; notification of
next of kin; legal counsel of choice; transfer to a place of official custody; appearance
before a judge; length of time and conditions; presumption of innocence) and special
rules for specific groups (e.g. women, minors and children).
1 Does the SOP or manual require that the detention procedure is initiated and followed
professionally by those best trained to do so (e.g. temporary holding point where the
arrested person is immediately handed over to the military or civil police; availability of
appropriate judicial authorities) and that the detainees are held by the military for as
short a time as possible (e.g. rapid hand over to civilian police or appropriate judicial
authority)?
1 Does the SOP or manual state that, if supporting military or civil police are
unavailable, the detention procedures remain a unit responsibility until such time as
the police can take over; consequently, does it provide practical guidance and
measures to plan (e.g. look for, identify and prepare proper facilities) and execute
temporary detention operations, considering that persons under arrest or awaiting
trial should benefit from a special regime and should not be detained together with
sentenced prisoners (e.g. space; sleeping arrangements; lighting; heating and
ventilation; adequate bedding and clothing; adequate sanitary and shower facilities;
separate accommodation and sanitary facilities for men and women; availability of
female staff as guards and for body search of women; drinking water; food; adequate

- 19/22 -
 medical care; separate accommodation and sanitary facilities for minors not detained
with their parents; open-air space; space for family visits and meetings with counsel;
religious practice; protection from insults, curiosity and publicity)?
1 Does the SOP or manual provide for the need for specialist units to prepare and
maintain the facilities necessary for both temporary detention of persons or shelter for
the population (e.g. engineers, military police, civil-military units, logistics)?
1 Does the SOP or manual provide with guidance for the communication up the chain
of command, without delay, of the detention performed (e.g. levels of responsibility,
recording, format, timelines)?

5.6. Questioning
Improper questioning (e.g. unlawful methods, performed by unauthorised individuals) during
arrest or detention may later jeopardise a case in the court as evidence will not be
acceptable. However, commanders in law enforcement as well as in combat operations need
to have tactical information collected and processed in order to anticipate the evolution of the
situation and respond adequately to it. Furthermore, it is essential for the military to identify
the arrested or detained person to prevent any disappearance and identify as well as inform
relatives of the whereabouts and status of the arrested or detained person. Military in law
enforcement should therefore be clear as to whether they have an authority to question
arrested persons, what information may be sought and what methods are lawful.
1 Does the SOP or manual recall what authorities within the state have the right to
question arrested or detained persons and under what procedures?
1 Does the SOP or manual provide guidance for the operational order to specify
whether the military have the authority to question arrested or detained persons and
how this activity may be performed (e.g. collection of identification data, collection of
tactical information only, presumption of innocence until proven guilty, prohibition of
compelling to confess guilt or testify against oneself, prohibition of torture, strict
recording and supervision); as well as the processing of this data (e.g.
communication to higher level, communication to relatives)?

5.7. Sheltering part of the population

In the event of natural or technological disasters as well as in case of disturbances, military
may well have to shelter part of the population from natural elements or from the violence.
Such task may be temporary as well as of longer duration. Such tasks may arise from the
limited availability or complete absence of a functioning civil authority or other particular
circumstances, such as the distance from the area of operations to the necessary civilian
facilities. The military must then make sure that it complies with related international
standards and hands over these tasks as soon as possible to the proper civil authorities.
1 Does the SOP or manual recall the possible requirement to temporarily shelter part of
the population; similarly does it provide concrete guidance for the operational order to
recall this possibility and contain the necessary measures to this end?
1 Does the SOP or manual provide practical guidance and measures to plan (e.g. look
for, identify and prepare proper facilities) and execute temporary sheltering of the
population (e.g. space, sleeping arrangements, lighting, heating and ventilation;
adequate bedding and clothing; adequate sanitary and shower facilities; separate
accommodation and sanitary facilities for men and women; availability of female staff
to attend women; drinking water; food; adequate medical care; separate
accommodation and sanitary facilities for unaccompanied minors; open-air space;
space for family meetings, religious practice; protection from insults, curiosity and
publicity)?

- 20/22 -
 1 Does the SOP or manual provide for the need for specialist units to prepare and
maintain the facilities necessary for the sheltering of the population (e.g. engineers,
military police, civil-military units, logistics)?
1 Does the SOP or manual provide for the rapid hand-over of tasks such as temporary
detention of persons or sheltering of the population to the proper civilian authorities
(such as civil defence)?

5.8 Protection of individual persons and objects

The protection of persons and objects implies a range of different tasks. The principles of
legality, necessity, precaution and proportionality apply equally to the use of force in relation
to the protection of property. However, it is an aspect that might be covered in more details
by domestic legislation.
1 Does the SOP or manual recall the possible requirement to protect individual persons
and objects; similarly does it provide concrete guidance for the operational order to
recall this possibility and contain the necessary measures to this end?
1 Does the SOP or manual recall the need for the operational order to detail the
different tasks or missions related to the protection of persons and objects (e.g. guard
duties of installations, persons, roads; escort duties for very important people, police
or civil defence; bomb disposal); and provide guidance as to the level of force
authorised for each (when or where - in what circumstances; who – authority to
decide on the use of force; how – levels of force and means; what – concrete
actions)?

5.9. Surveillance, intelligence, reconnaissance

Surveillance, intelligence and reconnaissance missions are tasks naturally performed by the
military on the battlefield and for which they are specifically equipped and trained. However,
when performed in law enforcement missions, these activities should be cleared by
authorities as they may well infringe on the population's civil liberties.
1 Does the SOP or manual recall the possible requirement to perform surveillance,
intelligence or reconnaissance; similarly does it provide concrete guidance for the
operational order to recall this possibility and contain the necessary measures to this
end?
1 Does the SOP or manual specify whether the military have authority to conduct
surveillance, intelligence and reconnaissance missions (e.g. urban and rural patrols;
joint patrols, observation posts; checkpoints; data collection and treatment); identify
which is the control authority for such missions (e.g. civilian authorities such as the
attorney general) and set rules for their conduct (e.g. data collection and processing;
communication; archiving; granting access to; reporting)?

5.10. Evacuation operations and hostage(s) rescue

Law enforcement operations to restore the rights of people may involve the military in the
rescue and evacuation of hostages.
1 Does the SOP or manual recall the possible requirement to perform evacuation
operations and hostage rescue missions; similarly does it provide concrete guidance
for the operational order to recall this possibility and contain the necessary measures
to this end?
1 Does the SOP or manual specify whether the military have authority to conduct
evacuation operations or hostage rescue (e.g. area or village evacuation); identify
which is the control authority for such missions (e.g. civilian authorities such as the
attorney general) and set rules for their conduct (e.g. minimum force; relief measures

- 21/22 -
for the evacuees or rescued persons; arrest and detention; care for the wounded;
communication; reporting)?

- 22/22 -
 Annexes:
A1. Essentials of the law applicable to law enforcement missions
A2. The ICRC
(Abstracts from ICRC publication: "Violence and the Use of Force")

A.1. Essentials of the law applicable to law enforcement missions

A.1.1. Applicable law
Law enforcement missions are governed by domestic law that must be coherent with international
standards as provided by International Human Rights instruments.
Human rights law consists of a set of principles and rules, on the basis of which individuals or groups
can expect certain standards of protection, conduct or benefits from the authorities, simply because
they are human beings. The main universal instruments of international human rights law now in force
include:
• The Universal Declaration of Human Rights, adopted by the UN General Assembly in 1948
• The International Covenant on Civil and Political Rights of 1966
• The International Covenant on Economic, Social and Cultural Rights of 1966
• The Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment of 1984
• The Convention on the Rights of the Child of 1989
Regional instruments – such as the European Convention on Human Rights, the American Convention
on Human Rights or the African Charter on Human and Peoples’ Rights – create their own
international supervisory mechanisms alongside the universal system.
The right to life is the supreme human right, since without effective guarantees for it, all other human
rights would be devoid of meaning. The right of everyone to life, liberty and security of person is
proclaimed in Article 3 of the Universal Declaration of Human Rights. These rights are reiterated in
Articles 6.1 and 9.1 of the International Covenant on Civil and Political Rights (ICCPR) as well as in
regional instruments (African Charter on Human and Peoples’ Rights, Arts 4 and 6; American
Convention on Human Rights, Arts 4.1 and 7.1; European Convention on Human Rights, Arts 2 and
5.1).
Article 6.1 of the ICCPR states that: “Every human being has the inherent right to life. This right shall
be protected by law. No one shall be arbitrarily deprived of his life.”
Article 9.1 of the ICCPR states that: “Everyone has the right to liberty and security of person. No one
shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on
such grounds and in accordance with such procedure as are established by law.”
Professionals responsible for law enforcement should be familiar with, in particular, the United Nations
Code of Conduct for Law Enforcement Officials (CCLEO, 1979) and the Basic Principles on the Use of
Force and Firearms by Law Enforcement Officials (BPUFF, 1990). Because these two documents do
not set legally binding obligations, they are part of what is commonly known as “soft law.” However,
they give useful guidance on specific issues related to the maintenance of law and order.
A.1.2. Law enforcement, definitions
Law enforcement encompasses the following basic responsibilities: maintaining public order and
security, preventing and detecting crime, and providing assistance. To fulfil their mission, law
enforcement officials exercise the following basic powers: arrest, detention, search and seizure, and
the use of force and firearms.
“The term ’law enforcement officials’ includes all officers of the law, whether appointed or elected, who
exercise police powers, especially the powers of arrest or detention. In countries where police powers
are exercised by military authorities, whether uniformed or not, or by State security forces, the
definition of law enforcement officials includes officers of such services” (CCLEO, Art. 1).
A.1.3. Law enforcement, in armed conflict and peace support operations
Situations of armed conflict generally have a highly disruptive effect on public life, public security and
public order. Armed conflict also commonly results in large numbers of people deciding to temporarily
leave their homes and seek refuge elsewhere, either within their own country or beyond its borders.
Modern armed conflict is responsible for creating millions of internally displaced persons and refugees.
It is important that law enforcement officials be familiar with the rights and needs of these groups, who
are especially vulnerable and entitled to protection and assistance.
In non-international armed conflict, it is up to each nation to decide whether existing law enforcement
agencies should continue to carry out their responsibilities, or whether these responsibilities should be
shifted to the armed forces. In view of their training and equipment, and also in terms of appearances,
it is questionable whether armed forces should be given the task of enforcing the law and maintaining
law and order. Basic law enforcement responsibilities should arguably be left in the hands of regular
law enforcement agencies for as long as possible.
In international armed conflict, the Geneva Conventions of 1949 and Additional Protocol I of 1977
implicitly acknowledge the civilian status of law enforcement agencies. According to Article 43.3 of
Protocol I, parties to a conflict may incorporate a paramilitary or armed law enforcement agency into
their armed forces provided that they inform the other parties to the conflict. In such a situation law
enforcement officials would acquire combatant status and effectively be subject to the regime for
persons with that status. Under Article 54 of the Fourth Geneva Convention, occupying powers may
not alter the status of public officials or judges in occupied territories, or in any way apply sanctions to
or take any measures of coercion or discrimination against them, should they abstain from fulfilling
their functions for reasons of conscience.
Finally, in the absence of civilian authorities, peace support troops may be tasked with maintaining law
and order.
A.1.4. Use of force and firearms and conduct of hostilities
Clearly, the use of force or firearms in law enforcement is an extreme measure. This follows directly
from the right to life being the fundamental human right. Of course, the situation in armed conflict is
significantly different. The principles underpinning the use of force therefore deserve an explanation,
especially since some principles, such as those of necessity and proportionality, are referred to in
connection with both law enforcement and armed conflict in completely different senses.
A.1.5. Use of force and firearms in law enforcement
The CCLEO and the BPUFF, although not treaties, offer guidance on the use of force and firearms.
The CCLEO sets standards for law enforcement practices that are consistent with provisions on basic
human rights and freedoms. The BPUFF sets forth principles formulated “to assist Member States (of
the Economic and Social Council) in their task of ensuring and promoting the proper role of law
enforcement officials.”
The essential principles underlying the use of force and firearms are those of:
• legality;
• precaution;
• necessity; and
• proportionality.
Law enforcement officials may resort to the use of force only when all other means of achieving a
legitimate objective have failed (necessity) and the use of force can be justified (proportionality) in
terms of the importance of the legitimate objective (legality) to be achieved. Law enforcement officials
are urged to exercise restraint when using force and firearms and to act in proportion to the
seriousness of the offence and the legitimate objective to be achieved (Principles 4 and 5 of the
BPUFF). They are allowed to use only as much force as is necessary to achieve a legitimate objective.
The use of firearms for the achievement of legitimate law enforcement objectives is considered an
extreme measure. Accordingly, the principles of necessity and proportionality are further elaborated in
Principles 9, 10 and 11 of the BPUFF:
Law enforcement officials shall not use firearms against persons, except:
 • in self-defence or defence of others against the imminent threat of death or serious injury;
• to prevent the perpetration of a particularly serious crime involving grave threat to life; or
• to arrest, or to prevent the escape of, a person presenting such a danger and resisting
their authority;
and only when less extreme means are insufficient to achieve these objectives.
Intentional lethal use of firearms may only be made when strictly unavoidable in order to protect life.
(Principle 9 of the BPUFF)
Again, the use of a firearm is an extreme measure. This is further illustrated by the rules of behaviour
that law enforcement officials need to observe prior to using a firearm (precaution). Principle 10 of the
BPUFF provides that:
In the circumstances provided for under principle 9, law enforcement officials shall
• identify themselves as such and
• give a clear warning of their intent to
• use firearms, with sufficient time for the
• warning to be observed, unless
• to do so would unduly place the law
• enforcement officials at risk or
• would create a risk of death or serious
• harm to other persons, or
• would be clearly inappropriate or pointless in the circumstances of the incident.
The use of force and firearms in connection with assemblies and demonstrations deserves closer
consideration. Several principles of particular importance for “policing” assemblies and demonstrations
are set out in the BPUFF:
In the dispersal of assemblies that are unlawful but non-violent, law enforcement officials shall
avoid the use of force or, where that is not practicable, shall restrict such force to the minimum
extent necessary (Principle 13 of the BPUFF);
In the dispersal of violent assemblies, law enforcement officials may use firearms only when
less dangerous means are not practicable and only
to the minimum extent necessary, and only
under the conditions stipulated in Principle 9 (Principle 14 of the BPUFF, see above).
Principle 14 does not present an additional circumstance authorizing the legal use of firearms. It
reiterates that only the conditions mentioned in Principle 9 (i.e. the imminent threat of death or serious
injury) warrant the use of firearms. The additional risks posed by a violent assembly – large crowds,
confusion and disorganization – make it questionable whether the use of firearms is at all practicable
in such situations, in view of the potential consequences for persons who are present but not involved
in violent acts. Principle 14 does not authorize indiscriminate firing into a violent crowd as a means of
dispersing it.
A.1.6. Arrest
“Arrest” means the act of apprehending a person for the alleged commission of an offence or by the
action of an authority.
The discretionary power of law enforcement officials in deciding to make an arrest is limited by the
principles of legality and necessity and by the prohibition of arbitrariness. “No one shall be deprived of
his liberty except on such grounds and in accordance with such procedure as are established by law”
(ICCPR, Art. 9.1). This provision makes it clear that the reasons and the procedure for an arrest must
have a basis in the laws of the State. In addition, the law itself must not be arbitrary, and enforcement
of the law in a given case must not be handled in an arbitrary manner.
Anyone who is arrested must be informed, at the time of arrest, of the reasons for his arrest and must
be promptly informed of any charges against him. He must be brought promptly before a judge or
other officer authorized by law to exercise judicial power and must be entitled to trial within a
reasonable time or to release. Anyone who is deprived of his liberty by arrest or detention must be
entitled to take proceedings before a court, in order that that court may decide without delay on the
lawfulness of his detention and order his release if the detention is not lawful. Anyone who has been
the victim of unlawful arrest or detention must have an enforceable right to compensation. Additional
provisions protect the special status of women and minors.
A.1.7. Detention
Depriving a person of his liberty is the commonest and oldest method used by States to fight crime
and maintain public order. Rather than prohibit the deprivation of liberty, international law sets out
rules and guidelines intended to guarantee that the practice is lawful and non-arbitrary. All persons
detained (pending investigation and trial) or imprisoned (after conviction) retain their human rights,
except for those limitations that are demonstrably necessitated by the fact of incarceration.
Recognition of the need to safeguard the human rights of detainees and prisoners has led the United
Nations to develop a variety of instruments enhancing the provisions of the ICCPR. Additional
protection for women (especially pregnant women and nursing mothers) and minors, in particular, is
provided in these instruments.
“All persons deprived of their liberty shall be treated with humanity and with respect for the inherent
dignity of the human person” (ICCPR, Art. 10.1 (emphasis added)). The imposition of measures which
are not strictly required for the purpose of the detention or to prevent hindrance to the process of
investigation or the administration of justice, or for the maintenance of security and good order in the
place of detention is forbidden. This provision is of major importance in determining the discipline and
punishment that is proper for acts or offences committed during detention or imprisonment.
The prohibition of torture and cruel, inhuman or degrading treatment or punishment is absolute and
without exception. It is part of customary international law and has been codified in a number of
instruments of human rights and law of armed conflict. Needless to say, the scope of the prohibition of
torture encompasses all aspects of law enforcement or combat operations and is not limited to
detention and imprisonment. Under international human rights law torture is defined as “any act by
which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for
such purposes as obtaining from him or a third person information or a confession, punishing him for
an act he or a third person has committed or is suspected of having committed, or intimidating or
coercing him or a third person, or for any reason based on discrimination of any kind, when such pain
or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official
or other person acting in an official capacity” (Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, Article 1). In the law of armed conflict, torture can also be
committed by non-state actors. “Cruel, inhuman or degrading treatment or punishment is not defined in
international law, but is understood as the inflicting of serious pain. Unlike torture, there does not need
to be a purpose to the ill-treatment .
 A.2. The ICRC
The International Committee of the Red Cross (ICRC) is an impartial, neutral and independent
organization whose exclusively humanitarian mission is to protect the lives and dignity of victims of
war and internal violence and to provide them with assistance. It directs and coordinates the
international relief activities conducted by the Movement in situations of conflict. It also endeavours to
prevent suffering by promoting and strengthening humanitarian law and universal humanitarian
principles. Established in 1863, the ICRC is at the origin of the International Red Cross and Red
Crescent Movement.
The ICRC performs its tasks in the whole range of situations where military and police forces may
operate. It is advisable, therefore, for commanders to be acquainted with some of the key features of
an organization with which they may well share their theatre of operations.

A.2.1. Key activities

The ICRC’s activities involve:
• visiting prisoners of war and security detainees
• tracing missing persons
• exchanging messages between separated family members
• reuniting dispersed families
• providing safe water, food and medical assistance for those in need
• promoting respect for international humanitarian law
• monitoring compliance with that law
• contributing to the development of that law
Its activities are funded entirely through voluntary contributions, mainly from States and National
Societies. Its network of offices is regularly adjusted to keep step with developments in armed conflicts
and other situations of violence around the world.
A.2.2. Supporting respect for the legal framework
Clearly, the law belongs to the States that are party to the treaties, not to the ICRC. The same goes for
the obligation to disseminate, teach and provide training in the law. Thanks to its long-term field
presence and to the dialogue it maintains with authorities and arms carriers throughout the world, the
ICRC has developed considerable experience in supporting efforts aimed at preventing violations.
Recognizing that the mere teaching of legal norms will not result, in itself, in a change in attitude or
behaviour, the ICRC approach has gradually shifted in the past two decades from dissemination of the
law to its integration into the doctrine, training and operations of military and police forces. A body of
law is a set of general rules, sometimes too general to provide practical guidance in combat or law
enforcement situations. The law must therefore be interpreted, its operational meaning analysed and
its concrete consequences drawn at all levels. In short, the relevant law must be transformed into
concrete measures, means or mechanisms in terms of doctrine, education, training, equipment and
sanctions to permit compliance during operations.
Whenever a State is genuinely committed to fulfilling its obligation to promote compliance with the
applicable law, and has the resources available to sustain its efforts over the long term, the ICRC is
prepared to assume its supportive role as defined in the Protocols additional to the Geneva
Conventions (Resolution 21 of the Diplomatic Conference adopting the Protocols invited the ICRC to
participate actively in the effort to disseminate knowledge of the law of armed conflict) or on the basis
of its statutory right of initiative.
To provide appropriate support to arms carriers during the integration process, the ICRC has a
specialized unit at its headquarters in Geneva and a team of specialist delegates (with previous
military or police experience) in the field. They provide support for arms carriers in terms of interpreting
the law, deriving its operational meaning and deducing the concrete consequences to be drawn from
it. Further steps, such as writing new tactics manuals adopting new curricula, reviewing and modifying
doctrine or buying new equipment, clearly remain the responsibility of the authorities and arms
carriers.