Constitution Watch 1/2019 Lethal Force and the Use of the Military to Maintain Order
17 January 2019
deployment of the Defence Forces [i.e. the army and air force]. An Acting President
can do so if he gets the backing of a resolution passed by a majority of the Cabinet
– section 100(2) of the Constitution.
In the present case it is not clear who authorised the deployment of soldiers, or in
what circumstances. The matter should be clarified in the interests of transparency,
because if the deployment was not properly authorised then the soldiers would have
had no official role in assisting the police and could be held liable for their conduct.
Conclusion
To sum up: police officers and soldiers [if properly authorised] can use force to quell
public disturbances, but the force must be reasonable and proportionate in the
circumstances and must not extend to killing people. This is so even if the
disturbances they are faced with are violent and extensive ��� and the recent stayaway was marred by deplorable violence. Whatever the provocation, the authorities’
response must be moderate, reasonable and proportionate. And killing is illegal
whatever the circumstances.
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