Chapter 4: the legal framework for security

This chapter explores the regulatory framework for security, highlighting pertinent issues within constitutional, human rights and international humanitarian law. It is argued that the law serves to define security for the individual and state; compliance with the law serves to enhance the legitimacy of government, the quality of governance, and the experience of security. The chapter begins with an examination of constitutional law and the parameters that are set for the establishment and operations of defence and security forces. The chapter then reviews the implications of international human rights and international humanitarian law for the conduct of those forces in peace and war, suggesting that the two legal regimes must be studied together to understand how a government can best engage with the legal framework for security.