The primary purpose of the International Covenant on Civil and Political Rights (ICCPR) is to commit member countries to protect and respect basic individual civil liberties and political freedoms, ensuring that every person enjoys inherent human dignity, equality, and justice under the law.

The ICCPR is a major international treaty adopted by the United Nations on 16 December 1966 and entered into force on 23 March 1976. It legally binds member countries to protect basic civil and political rights. As of December 2025, 175 countries have ratified or acceded to the International Covenant on Civil and Political Rights (ICCPR). The vast majority of Southern Africa Development Community (SADC) member states have formally ratified or acceded to the ICCPR.

While the regional bloc formally adopts these universal human rights values, structural enforcement remains an ongoing challenge in the region. A day after Zambia’s recent general election, Amnesty International raised concerns over the alleged use of deadly force by security forces during a raid targeting opposition leaders, which killed Hon. Mutotwe Kafwaya. His wife filed a habeas corpus petition five days later, but he had already been declared dead.

State parties under ICCPR must take measures to prevent arbitrary deprivation of life by law enforcement officials, including soldiers. These include creating laws on lethal force, planning actions to minimize risk to life, mandatory reporting and review of lethal incidents, and providing crowd control forces with less-lethal options and protective gear to avoid lethal force.

Law enforcement operations must adhere to international standards like the Code of Conduct and Principles on Use of Force, with officials trained accordingly to respect the right to life.

States should also require strict testing and monitoring of “less-lethal” weapons to ensure they do not infringe on the right to life.

Fundamental legal principles 

International standards identify three distinct principles governing the use of force in law enforcement: necessity, proportionality, and precaution.

The Principle of Necessity has three interrelated elements: the duty to use non-violent means wherever possible, the duty to use force only for a legitimate law enforcement purpose; and the duty to use only the minimum necessary force that is reasonable in the prevailing circumstances. Wherever possible, law enforcement officials should use non-violent means to achieve a legitimate law enforcement objective before resorting to physical force and firearms.

This is affirmed in Principle 4 of the 1990 Basic Principles: “Law enforcement officials, in carrying out their duty, shall as far as possible, apply non-violent means before loo resorting to the use of force and arms.

They may use force and firearms only if other means remain in effective or without any promise of achieving the intended result”.

Non-violent methods include police symbols like presence, uniforms, vehicles; body language such as eye contact; and verbal persuasion like highlighting resistance futility. Proper equipment, including shields, helmets, vests, and armored transport, can lessen the need for force, as outlined in Principle 3 of 1990 Basic Principles.

The principle of proportionality

The principle of proportionality, as it applies to the use of force in law enforcement, is often misunderstood.

Proportionality does not mean that force must be used by a law enforcement official in strict accord with any use of force continuum, where the level of force is raised in stages, or as a like response to violence from a criminal suspect. Instead, it sets a ceiling of what amounts to lawful use of force, in accord with the threat posed by an individual or group of individuals and the offence that has been or is about to be committed.

The principle of precaution

The principle of precaution in law enforcement mandates that officers plan, prepare, and conduct operations to minimize the use of lethal force. Agencies must design missions, deploy suitable equipment, and train staff to lower risks before situations escalate. Officers should first use non-violent tools like verbal commands and tactical repositioning.

If force is unavoidable, it must be carefully aimed to reduce injury and protect life.

International standards on law enforcement use of force, searches, and seizures are based on customary law, treaties, and regional jurisprudence protecting rights like life and privacy. While there’s no single police code, principles are rooted in instruments like the ICCPR. Countries are expected to comply with treaties and laws, and those committed to the rule of law generally follow legal procedures, limitations, and oversight.

*Maj. Gen. (RTD) J. B. Tjivikua is a Criminal Intelligence Analyst.