What is Minimum Force?

Recently amidst the global crisis of the Covid-19 pandemic, world leaders have been forced to implement different strategies aimed at containing the deadly virus and preventing its spread so as to save lives. One of the measures taken in many countries has been the shutting down of social facilities such as churches, cinemas, bars and nightclubs, with law enforcers deployed on the streets to ensure compliance. However, in many places, some members of the public have disregarded lawful instruction leading to some being forcefully handled by officers and being harmed in the process. This has led to public debate as to the necessity of the use of force and when 'minimum force' can be resorted to by law enforcers. However, what has come to the fore is that many do not understand what constitutes 'minimum force' and when such force can be used. One individual aptly asked, 'when should law enforcers use minimum force?' and the simple answer is, ALL THE TIME.

One statesman during this period is also said to have remarked that, 'soldiers are not trained in law; they do not read people their rights...they are trained to subdue enemies of the State and to kill such enemies and bring peace to a State within the shortest possible time.' Whilst most of this statement is true, its preamble is rather misleading. It is not entirely accurate to state that 'soldiers are not trained in law'. This, in the context in which it is used would suggest that soldiers are oblivious to the legal implications of their actions. However, while it is true that basic military training for soldiers in most countries does not include a separate component in legal studies, this does not imply they are not exposed to the various aspects of law and the legal justice system. In fact, for officers, courses such as military law, national and international studies and military history all cover various aspects of national and international law. Furthermore, these courses are taught during officer cadet training and are examinable during promotion examinations for both Lieutenant to Captain and Captain to Major.

Coming back to the question as to what constitutes minimum force and when such force can be used. In order to understand the concept of minimum force, it is imperative to consider the five levels of force in law enforcement. Basically there are five levels of force on the use of force continuum, these are; (1) Command presence, (2) Verbal Commands, (3) Controlling force, (4) Impact force, and (5) Deadly force. Command presence is merely force in the form of, for example, the presence of a law enforcement officer or the ostentatious display of armed troops. Verbal Commands is force by word of mouth such as when an officer shouts, 'disperse or we will open fire!' Controlling force means lying hands on someone, to move them out of the way for example, but it is less than hitting or fighting them. Impact force includes use of a baton (or similar object), stun gun or even pepper spray especially when under threat. Finally, deadly force, considered as a means of last resort, is mostly used against someone trying to inflict great bodily harm against an officer or someone in their immediate vicinity. Deadly force as the name implies may lead to death.

Having explained the levels of force, minimum force can thus be understood as 'those minimum actions, including the use of deadly force, sufficient to bring a situation under control or to defend against hostile act or hostile intent.' Sir Robert Peel in 'Principles of Law Enforcement' equally stated that, '[Law enforcers] use physical force to the extent necessary to secure observance of the law or to restore order only when the exercise of persuasion, advice and warning is found to be insufficient.' Furthermore, what constitutes minimum force in any given situation is the judgement of the officer or commander on the ground. In the case of the military, a military commander, irrespective of his rank, is solely responsible for deciding what action the armed forces under his command are to take, which includes what degree of force, if any, they are to use in the circumstances, in making his appreciation and deciding upon his plan to help the civil authorities.

All in all, depending on the circumstances, and the judgement of the officer on the ground, minimum force can be any of the five levels of force which at the time the officer thinks will achieve the immediate aim. Further, if a law enforcer is to be held accountable for the use of force, they will be judge based upon the 'Totality of Circumstance'. In other words, all of the factors will be evaluated to determine if their actions were reasonable and necessary.