Absolutely necessary use of force

Paragraph 2 of Article 2 of the Convention must be interpreted unequivocally, since this article as a whole constitutes one of the fundamental guarantees provided by the Convention. The use of force is permissible only to the extent that it is absolutely necessary.

• McCann and Others v. the UK[GC]

The use of the term ‘absolutely necessary’ in Article 2(2) of the Convention establishes a stricter and higher criterion of necessity than that applied in determining whether the actions of a State were necessary in a democratic society in accordance with Article 8(2) and Article 11 of the Convention.

• Jaloud v. the Netherlands [GC], Para 199;
• Kelly and Others v. the UK, Para 93;
• Isayeva v. Russia, Para 173

In light of the information provided to them, the soldiers genuinely believed that it was necessary to open fire on the suspects in order to prevent them from detonating an explosive device and thus prevent an attack on life. The actions taken by the soldiers in accordance with the orders of their command were absolutely necessary in order to save innocent lives.

• McCann and Others v. the UK [GC], Para 200

The following questions arise: a) Was the counter-terrorism operation as a whole planned and conducted in accordance with the requirements of Article 2 of the Convention?; b) Did the information and orders given to military personnel regarding the use of lethal force adequately take into account the right to life of the suspects?

• McCann and Others v. the UK [GC], Para 201

Absolute necessity is a term that implies a higher level of severity and criticality than the formulation necessary in a democratic society (see Article 10 of the Convention). This means that the use of force must be proportionate to the objectives set out in subparagraphs of Article 2 of the Convention.

• McCann and Others v. the UK [GC];
• McKerr v. UK, Para 110

The duty to protect the right to life includes both those who threaten to use force and those who are considered to be threatening to use such force.

• McCann and Others v. the UK [GC]

The use of force by representatives of the State for the purposes set out in Article 2, paragraph 2, of the Convention may be justified only in cases where they sincerely believe and have all the grounds to believe that, at the time of the use of force, they are acting in a strictly justified and reasonable manner, but it subsequently transpires that their opinion was mistaken. Any other decision would mean imposing an unrealistic responsibility on the State and its law enforcement agencies and would undoubtedly endanger the lives of law enforcement officers and other citizens.

• Andronicou and Constantinou v. Cyprus, Para 192;
• McCann and Others v. the UK [GC], Para 200;
• Guliani and Gaggio v. Italy [GC], Para 178;
• Prilutskiy v. Ukraine, Para 33