Abstract
This chapter provides an introduction to the international system for the protection of human rights and of the laws of war and considers these in relation to policing.
It recalls the basic functions of policing, points out that police are officials who exercise state power and that one of the purposes of human rights is to regulate the exercise of state power. It observes that police powers and the limitations on those powers are, or should be, expressed in law and that it is incumbent on the police to obey that law. Otherwise, an absurd situation arises whereby those responsible for enforcing the law break the law in order to enforce it.
The chapter then shows how the laws of war and international criminal law are also relevant to policing, before considering specifically the relationship between human rights and policing. It discusses briefly which human rights instruments and which human rights are most relevant to policing and how the international system protects specific human rights. It outlines how human rights may be limited lawfully.
The laws of war are introduced by considering their scope and purposes, the types of conflict they regulate, how combatants and civilians are defined, the status and functions of police in armed conflict, the relationship of police to laws of war and by giving some examples of the laws of war.
The paper concludes that in a democracy, policing should be based on the principles of lawfulness, non-discrimination, necessity, proportionality, accountability and humanity.
Ralph Crawshaw is a former Chief Superintendent of the Essex Police and a Fellow of the Human Rights Centre at the University of Essex.
This is a preview of subscription content, log in via an institution to check access.
Access this chapter
Tax calculation will be finalised at checkout
Purchases are for personal use only
References
African Charter on Human and People’s Rights, adopted by the Assembly of Heads of State and Government of the Organisation of African Unity at Nairobi on 27 June 1981. Entered into force on 21 October 1986
American Convention on Human Rights “Pact of San Jose, Costa Rica”, signed by Member States of the Organisation of American States, at San Jose, Costa Rica on 22 November 1969. Entered into force on 18 July 1978
Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, 27 August – 7 September 1990
Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, approved by the General Assembly of the United Nations under resolution 43/173 of 9 December 1988
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted by the General Assembly of the United Nations under resolution 39/46 of 10 December 1984. Entered into force on 26 June 1987
Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights), signed by Member States of the Council of Europe at Rome on 4 November 1950. Entered into force on 3 September 1953
Crawshaw R, Holmstrom L (2006) Essential cases on human rights for the police: reviews and summaries of international cases. Martinus Nijhoff, Leiden/Boston
Crawshaw R, Holmstrom L (2008) Essential texts on human rights for the police: a compilation of international instruments, 2nd revised edn. Martinus Nijhoff, Leiden/Boston
Crawshaw R, Holmstrom L (2015) Essential rules of behaviour for police in armed conflict, disturbance and tension. Brill Nijhoff, Leiden/Boston
Crawshaw R, Cullen S, Williamson T (2007) Human rights and policing: standards for good behaviour and a strategy for change, 2nd revised edn. Martinus Nijhoff, Leiden/Boston
Geneva Convention for the Amelioration of the Condition of Wounded and Sick in Armed forces in the Field (Geneva Convention l); Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea (Geneva Convention ll); Geneva Convention relative to the Treatment of Prisoners of War (Geneva Convention lll); and Geneva Convention relative to the Protection of Civilian Persons in Time of War (Geneva Convention lV). Adopted by the Diplomatic Conference for the Establishment of International Conventions for the Protection of Victims of War, at Geneva 12 August 1949. Entered into force on 21 October 1950.
International Convention for the Protection of All Persons from Enforced Disappearance, adopted by the General Assembly of the United Nations under resolution 61/177 of 20 December 2006. Entered into force on 23 December 2010
International Covenant on Civil and Political Rights, adopted by the General Assembly of the United Nations under resolution 2200 A (XXl) of 16 December 1966. Entered into force on 23 March 1976
International Covenant on Economic, Social and Cultural Rights, adopted by the General Assembly of the United Nations under resolution 2200 A (XXl) of 16 December 1966. Entered into force on 3 January 1976
Principles on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted by the General Assembly of the United Nations under resolution 55/89 of 4 December 2000
Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I). Adopted by the Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts, at Geneva on 8 June 1977. Entered into force on 7 December 1978.
Roberts A, Guelff R (2000) Documents on the laws of war, 3rd edn. Oxford University Press, Oxford/New York
Standard Minimum Rules for the Treatment of Prisoners, approved by the Economic and Social Council of the United Nations under resolution 663 C (XXlV) of 31 July in 1957, and then revised and adopted by the General Assembly of the United Nations under resolution A/RES/70/175 of 17 December 2015 as the Nelson Mandela Rules.
Universal Declaration of Human Rights, adopted by the General Assembly of the United Nations under resolution 217 A (lll) of 10 December 1948
Author information
Authors and Affiliations
Corresponding author
Editor information
Editors and Affiliations
Rights and permissions
Copyright information
© 2018 Springer International Publishing AG
About this chapter
Cite this chapter
Crawshaw, R. (2018). Police and Human Rights: Fundamental Questions. In: Alleweldt, R., Fickenscher, G. (eds) The Police and International Human Rights Law. Springer, Cham. https://doi.org/10.1007/978-3-319-71339-7_2
Download citation
DOI: https://doi.org/10.1007/978-3-319-71339-7_2
Published:
Publisher Name: Springer, Cham
Print ISBN: 978-3-319-71338-0
Online ISBN: 978-3-319-71339-7
eBook Packages: Law and CriminologyLaw and Criminology (R0)