Police use of force under international law / Stuart Casey-Maslen, University of Pretoria, Sean Connolly, intelligence & analysis expert.
2017
K3465 .C37 2017 (Map It)
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Title
Police use of force under international law / Stuart Casey-Maslen, University of Pretoria, Sean Connolly, intelligence & analysis expert.
Published
Cambridge, United Kingdom : Cambridge University Press, 2017.
Call Number
K3465 .C37 2017
ISBN
9781316510025 hardback
1316510026 hardback
9781108515856
1316510026 hardback
9781108515856
Description
xi, 423 pages ; 24 cm
System Control No.
(OCoLC)973480810
Summary
"Policing is commonly thought to be governed by domestic legal systems and not international law. However, various international legal standards are shown to have an impact in situations where police use force. Police Use of Force under International Law explores this tension in detail for the first time. It critically reviews the use of force by law enforcement agencies in a range of scenarios: against detainees, during protests, and in the context of counterterrorism and counterpiracy operations. Key trends, such as the growing use of private security services, are also considered. This book provides a human rights framework for police weaponry and protection of at-risk groups based on critical jurisprudence from the last twenty years. With pertinent case law and case studies to illustrate the key principles of the use of force, this book is essential reading for anyone interested in policing, human rights, state use of force or criminology." -- Publisher's website.
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Added Author
Table of Contents
Acknowledgements
viii
List of Abbreviations and Acronyms
ix
Introduction
1
Force and Law Enforcement
1
Layout of the Book
5
1.
History of Law Enforcement
10
Policing in Antiquity
11
Policing in England and Wales
17
British Colonial Policing
32
Policing in France
36
Policing in the United States
39
Outlook
49
2.
Policing and Social and Economic Policy
51
Introduction
51
Forms of Policing
53
Economics of Crime and Criminal Justice
67
Contracting Out Policing to the Private Sector
73
Why Does Police Use of Force Vary So Significantly across Nations?
77
3.
Core Principles Governing Use of Force for Law Enforcement
79
Introduction
79
Necessity and Proportionality
82
Principle of Precaution
95
Use of Firearms
96
Use of `Less-Lethal' Weapons
100
Use of Force and At-Risk Groups
101
4.
Use of Firearms
108
Introduction
108
Human Rights Framework
111
Scenarios Where Use of Firearms May Be Lawful under the Law of Law Enforcement
115
`Militarisation' of Policing
135
Firearm Ammunition Types
137
Use of Warning Shots
142
Post-Shooting Procedures
144
5.
Use of `Less-Lethal' Weapons
146
Introduction
146
Human Rights Framework
148
Use of Specific Less-Lethal Weapons and Ammunition
156
6.
Facilitating Peaceful Protest and Ensuring Crowd Safety during Assemblies
184
Introduction
184
Human Rights Framework
186
Use of Force during Protests
190
Right to Protest in the United States
208
Peaceful Protest in Repressive Regimes
217
Policing and Crowd Safety at Major Sporting Events
219
7.
Use of Force in Custodial Settings
223
Introduction
223
Prison Conditions in Selected States
225
Human Rights Framework
232
Examples of Inhumane Treatment of Detainees
249
8.
Use of Force in Counterterrorism
261
Introduction
261
Human Rights Framework
266
Examples of Use of Force in Counterterrorism Operations
272
9.
Private Security and Use of Force
300
Introduction
300
Private Policing in Selected States
304
Human Rights Framework
307
Selected National Legal Frameworks
313
Examples of Unlawful Use of Force by Private Security Actors
321
Accountability Gap?
333
Concluding Remarks
339
10.
Counterpiracy at Sea
341
Introduction
341
Phenomenon of Piracy
344
Human Rights Framework
347
Applying Law of Law Enforcement Rules to Use of Force against Suspected Pirates and Pirate Vessels
351
Protection and Rescue
364
Detention of Suspected Pirates
366
Duty to Protect Crew and Passengers of Vessels
370
11.
Accountability
374
Introduction
374
Human Rights Framework
377
Violence as a Catalyst for Reform
392
Index
403