Opinion | ‘Less-lethal’ weapons such as rubber bullets and beanbag rounds can be deadly, too

The basic principles that govern their use, such as legality and proportionality, must be adhered to, and law enforcement bodies that use them – one among an array of crowd-control measures – must be held accountable for their actions

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A police officer tries to restrain a protester during a clash outside the Legislative Council in the early morning of June 10, following a massive rally against the proposed extradition law. Photo: AFP

Published: 6:30am, 25 Jun 2019Updated: 4:58pm, 26 Jun 2019

The recent shooting of protesters by Hong Kong police using rubber bullets has proved controversial. Law enforcement officials have justified the use of force against violent demonstrators; but civil libertarians have decried what arguably amounts to police brutality. Under international human rights law, both sides have a point.

The right to lawful peaceful assembly is enshrined in the Universal Declaration on Human Rights and the International Covenant on Civil and Political Rights. The UN Code of Conduct for Law Enforcement Officials requires that this right be protected and upheld.

The measures that police may use to control demonstrators are prescribed in the 1990 UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials. Not to be confused with military “rules of engagement”, it is axiomatic that police have a proportionate right to act in self-defence (or in the defence of others), extending to lethal means when threat of serious harm is imminent.

The issuing of protective equipment to law enforcement officers (helmets, shields, gloves and stab-proof/ballistic vests), while providing the essential function of safety, also serves to elevate the threshold for their use of force.

The 1990 basic principles and subsequent UN Human Rights Council Resolutions 2014 (25/38) and 2018 (38/11) require law enforcement agencies to make non-lethal incapacitating weapons available and call for international protocols for their use, training, regulation and monitoring. These materials recognise that non-lethal weapons can cause serious injury, and that mistargeting of victims may occur.