Military aid to the civil power

Source: Wikipedia, the free encyclopedia.

Aid to the Civil Power (ACP) or Military Aid to the Civil Power (MACP) is the use of the armed forces in support of the civil authorities of a state. Different countries have varying policies regarding the relationship between their military and civil authorities.

Australia

Under certain circumstances, the Australian Defence Force can be called upon to assist with law enforcement. State or territory civilian police have primary responsibility for law and order. Under section 119 of the Constitution of Australia, "The Commonwealth shall protect every State against invasion and, on the application of the Executive Government of the State, against domestic violence." This is further explained in section 51 of the Defence Act which states that:

Where the Governor of a State has proclaimed that domestic violence exists therein, the Governor-General, upon the application of the Executive Government of the State, may, by proclamation, declare that domestic violence exists in that State, and may call out the Permanent Forces and in the event of their numbers being insufficient may also call out such of the Emergency Forces and the Reserve Forces as may be necessary for the protection of that State, and the services of the Forces so called out may be utilised accordingly for the protection of that State against domestic violence.

Military forces have been deployed twice on the request of state or territory governments, and deployment authorised on one other occasion but not required:

Australian military regulations also allow the federal government to use military forces "on its own initiative, for the protection of its servants or property, or the safeguarding of its interests". This has been done three times:

In addition, unarmed troops and defence force equipment have been used in industrial disputes, such as the 1949 Australian coal strike and the 1989 Australian pilots' dispute, under the "safeguarding of its interests" provisions.

Austria

The

level in their respective sphere of competence in exceptional events. The federal government has to approve a deployment, if more than 100 soldiers are requested. ACP and MACP (called Assistenzeinsatz / AssE) can only be temporary, but are used extensively in Austria:

Deployments to support Law enforcement in Austria:

Deployments to support civil authorities:

  • in general, Austrian military is deployed in case of weather or environmental disasters
  • in May 2020 soldiers and reservists started to support civil authorities and health care facilities during the COVID-19 pandemic in Austria. This deployment lasted until 2022.

Canada

Canada has provisions, similar to the UK's military aid to the civil authorities, for military aid to the civil power inscribed in its National Defence Act, an historical inheritance from its days as a British dominion. However, the application is significantly different due to the federal nature of Canada, where the maintenance of "law and order" is the exclusive right and responsibility of the provinces.

The political authority empowered to requisition armed military "aid to the civil power" is therefore the solicitor general of the affected province in accordance with the National Defence Act, rather than the War Measures Act or its subsequent replacement, the Emergencies Act. This requisition is forwarded directly to the Chief of the Defence Staff (not to the federal government of Canada) who is obligated by law to execute the request. However, the Chief of the Defence Staff alone can determine the nature and level of forces to be committed.

The requesting province may subsequently be billed to pay the cost of the military aid, although the federal government most often waives it. One exception in recent years resulted from Toronto mayor Mel Lastman's request for military assistance following a snow storm in 1999, where at least 438 troops were deployed [2] after the Ontario government acceded; this deployment was deemed by the Canadian government to be a trivialization of the military's emergency response role and the requesting authority was billed accordingly.

While the military is legally free to decide how to deal with an issue in regard to which it has been called out, in practice it works under the direction of the police forces or government of the province that has requested its aid. Such requests are made relatively often for specialized resources such as armoured vehicles (e.g. hostage situations) and technical capabilities not possessed by police forces.

They are also called out in the case of police strikes in those provinces that have unionised provincial police forces. Quebec has not hesitated to call on the Army for such help [citation needed] because the Army is the only other agency with French-speaking units able to replace striking police; the Royal Canadian Mounted Police has few reserves able to provide a "surge" capability, and its French-speaking capability is limited.

Significant use of the

Canadian Forces
in aid of the Quebec civil power includes two relatively recent major civil crises:

  • the
    October crisis
    of 1970
  • the
    Oka crisis
    of 1990

As well, the Canadian Armed Forces have been called in to deal with labour crises, such as cavalry troops shipped to Edmonton to deal with an expected unemployed riot in 1931[3] and armoured cars to use strikers at Stratford in 1934. As well, in 1837 prior to Confederation, British troops were used to put down domestic rebellions in Upper and Lower Canada, and in the early years of existence as a federation, the Canadian Militia was mobilized for First Nation and Métis insurrections in its "territories", 1869 and 1885 (the first and second Riel Rebellions).

The federal government can and does use the military in aid of its own responsibilities, such as guarding federal buildings and facilities. Since 1993, the Canadian Armed Forces have also provided the country's federal counter-terrorism forces, replacing the Royal Canadian Mounted Police in that function.[

JTF2
for details of request and control of this capability).

Germany

The post-war Constitution of Germany strictly forbids the use of military force in police functions. In order to split the power of the government, the functions that MACP has in other countries are carried out by special or specialized police forces like the Bereitschaftspolizei units, each with a high number of officers, of each state police force, which are under the control of the state governments and not of the federal government.

For some actions, federal police forces can be used either by orders of the federal administration and federal judiciary or by request of the state government. The counter-terrorist unit

internal troops in Eastern Europe during the Cold War
period.

This strict separation between civil and military power was enacted to prevent the army from becoming a political power again in internal affairs and to secure its subordination to the civil power. Since the 1990s, a number of conservative politicians has called for an abolition of this rule, but there seems to be no majority for such a change.

But a new law was passed in September 2004, the Air Security Act (Luftsicherheitsgesetz). From September 24, 2004 until February 2005 there was an exception from the use of military force regarding air security: In a case of imminent danger, the Bundeswehr and its air force branch, the German Air Force were authorised to use force against an aircraft.

As ultima ratio, the Minister of Defense was empowered to give the order to shoot down an aircraft if the aircraft was used as a weapon against humans and there was no other way to repel the attack. Air policing is a traditional task of the

Federal Constitutional Court of Germany
(Bundesverfassungsgericht). The court held that no civil aircraft may be shot down, even if the aircraft is used as a weapon by terrorist. The court held that the passengers' dignity and right to life would be violated if the aircraft was shot down.

In 2012, the Bundesverfassungsgericht judged that the military may intervene in "exceptional, imminent incidents of catastrophic scale" as a last resort. In the case of a hijacked plane by terrorists, the German Air Force may force the plane back or fire warning shots – a downing of the plane remains forbidden, unless every passenger of the plane is a terrorist.[4][5] Such a case of "exceptional, imminent incidents of catastrophic scale" has to be determined, as ruled by the Bundesverfassungsgericht in 2013, by the whole Cabinet of Germany (Bundesregierung), declaring a regulation void that previously allowed the Federal Minister of Defence (Bundesverteidigungsminister) to decide solely.[6]

Indonesia

In

Peacekeeping operations under the United Nations.[8] The Indonesian National Armed Forces is also in charge and responsible for the security of the President and Vice President, Former President and Former Vice-President along with their families and foreign VVIPs (Head of state or head of government) visiting Indonesia.[9]

The

Railway stations
during peak seasons.

Other than assisting the police, the military also assists other civil government institutions such as the

disaster relief operations. Currently, responding to the COVID-19 pandemic
, the Indonesian Military has been highly involved in tackling the pandemic.

Ireland

In

Italy

In 2008 the Italian Government decided to use soldiers from the Army, Navy and Air Force to patrol cities and protect risky buildings (embassies, consulates, monuments). When military personnel patrol cities they are always accompanied by an agent from the Polizia di Stato (State Police), a military from the Carabinieri or a military from Guardia di Finanza.[15]

Carabinieri are the 4th Armed force in Italy while Guardia di Finanza are a military body and are regular police forces with military status in Italy.

United Kingdom

In the

Explosive Ordnance Disposal and mountain rescue (where it is provided by the Royal Air Force Mountain Rescue Service
)

Commander Home Command is the Standing Joint Commander responsible for the planning and execution of civil contingency operations within the UK landmass and territorial waters during any military aid to UK civil authorities.[16]

United States

The

.

The original act only referred to the Army, but the Air Force was added in 1956 and the Navy and Marine Corps have been included by a regulation of the Department of Defense. This law is mentioned whenever it appears that the Department of Defense is interfering in domestic disturbances.

However, the National Guard may still be used for police-like duties if still under control of the state, as with the 1967 Detroit riot. Repeated caveats have been added to the Posse Comitatus Act over the years by subsequent legislation.

On June 1, 2020, President Donald Trump threatened to invoke the Insurrection Act of 1807 in response to riots following the murder of George Floyd.[17][18]

See also

  • Civilian control of the military
  • Military Aid to the Civil Community
  • Gendarmerie
  • German Federal Police
  • Vigipirate

References

  1. ^ "Doskozil: Soldaten vor Botschaften "massive Entlastung"". 10 August 2016.
  2. ^ "CityNews".
  3. ^ Caragata, Alberta Labour, p. 104)
  4. ^ Manuel Bewarder, Thorsten Jungholt (18 August 2012). "Paukenschlag in Karlsruhe". Welt Online. Die Welt. Retrieved 13 November 2018.
  5. ^ "Entscheidung des Bundesverfassungsgerichts: Karlsruhe erlaubt Bundeswehreinsatz im Inland". Tagesschau.de. Tagesschau.de. 17 August 2012. Retrieved 13 November 2018.
  6. ^ "Terrorabwehr: Nur Bundesregierung darf Bundeswehr im Innern einsetzen". Süddeutsche Zeitung. Süddeutsche Zeitung. 18 April 2013. Retrieved 13 November 2018.
  7. ^ TNI:Tri Darma Eka Karma Doctrine concerning OMSP
  8. ^ "Panglima TNI : TNI Miliki Tugas Pokok Menegakkan dan Mempertahankan NKRI" (in Indonesian). Indonesian Army. 26 October 2018. Retrieved 1 October 2019.
  9. ^ GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIA NUMBER 59 OF 2013
  10. ^ "War and Peace: Tensions Between Indonesia's Military and Police". Australian Institute of International Affairs. Retrieved 1 October 2019.
  11. ^ "West Papua protests: Indonesia deploys 1,000 soldiers to quell unrest, cuts internet". theguardian.com. 22 August 2019. Retrieved 1 October 2019.
  12. ^ "47,000 security personnel to be deployed for election dispute ruling on Thursday - City - The Jakarta Post".
  13. ^ "20,500 Jakarta police, military officers to secure student rally". 30 September 2019.
  14. ^ "History of the Irish Defence Forces". 2014. Defence Forces Ireland. Retrieved 13 May 2014.
  15. ^ "Troops patrolling Italian cities". 4 August 2008.
  16. ^ "2015 to 2020 government policy: Military Aid to the Civil Authorities for activities in the UK". UK Ministry of Defence. Retrieved 4 August 2016.
  17. ^ "Trump says he will deploy military if state officials can't contain protest violence". NBC News. 2 June 2020. Retrieved 2020-06-02.
  18. ^ Carney, Jordain (2020-06-01). "Cotton: Trump should use Insurrection Act to deploy active-duty military to cities". The Hill. Retrieved 2020-06-02.