Military aid to the civil power

Military aid to the civil power (MACP) (sometimes to the civil authorities) is assistance by the armed forces to the civil authorities of the state with the provision of specialist equipment or trained personnel. It is used in many countries, including Canada and the United Kingdom.

Australia

In Australia, any military deployment within an Australian state requires the authorisation of the state government. This has occurred as recently as the February 2009 Victorian bushfires.

Canada

Canada has provisions similar to the UK (see below) for military aid to the civil power inscribed in its National Defence Act, a 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 military aid is therefore the Solicitor General of the affected province, which was provided for under the War Measures Act and currently the Emergencies Act. This request is forwarded directly to the Chief of the Defence Staff (not to the federal government of Canada) who is obliged 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, which does not want to appear "cheap" after a major crisis affecting a province, 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, whereby 300 reservists were activated to assist in snow removal 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 because the Army is the only other agency with French speaking members 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 more 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

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 Forces have also provided the country's federal counter-terrorist forces, replacing the Royal Canadian Mounted Police in that function. (See 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. The functions that MACP has in other countries are carried out by special police forces, which are basically under the control of the state governments, 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 GSG 9 is part of the Bundespolizei (until 2005 known as the Bundesgrenzschutz) and is well known in Germany for its antiterrorist missions. However, several state police corps have similar units. The Bundesgrenzschutz and the GSG 9 were historically combatants and they had military ranks, but have always been under the control of the Ministry of the Interior.

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 Luftwaffe was 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 Luftwaffe. However, the Luftsicherheitsgesetz was declared unconstitutional on February 15, 2006, by 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.

Italy

In 2008 the Italian Government decided to use soldiers from the Army, Navy and Air Force to patrol the cities and protect risky buildings (embassies, consulates, monuments). When they patrol the cities they are always accompanied with an agent from the Polizia di Stato (State Police), a military from the Carabinieri or a military from Guardia di Finanza.^[1]

It must be reminded that Carabinieri are the 4th Armed force in Italy while Guardia di Finanza are a military body.

United Kingdom

Further information: Military Aid to the Civil Authorities

In the United Kingdom, Military Aid to the Civil Power is one of the three classifications of Military Aid to the Civil Authorities. MACP encompasses the provision of military assistance (armed if necessary) in its maintenance of law, order and public safety using specialist capabilities or equipment in situations beyond the capability of the Civil Power. This includes capabilities such as Explosive Ordnance Disposal, air-sea rescue (where it is provided by the RAF Search and Rescue Force) and mountain rescue (where it is provided by the Royal Air Force Mountain Rescue Service)

United States

Main article: Defense Support of Civil authorities

The Posse Comitatus Act, passed in 1878, generally prohibits Federal military personnel (except the United States Coast Guard) and units of the United States National Guard under Federal authority from acting in a law enforcement capacity within the United States, except where expressly authorized by the Constitution or Congress.

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 race riots.

Repeated caveats have been added to the Posse Comitatus Act over the years by subsequent legislation.

See also

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

Military Assistance To Civil Authorities “DOD has traditionally played a role in domestic security matters only when absolutely necessary. DOD would provide support to federal, state and local responders when civilian capacities become overwhelmed. For instance, DOD could provide transportation or medical support in the event of a natural or man-made disaster. Also, DOD could be called upon to provide additional security at national security special events (e.g., the Olympics). In the event of multiple requests for DOD assets, domestic and international, the President would be the one to make the allocation decisions, using the coordinating mechanisms of the National Security Council and the Homeland Security Council.” Donald H. Rumsfeld, Secretary of Defense, May 2002 testimony before the Senate Appropriations Committee. Section I Introduction 23–1. Constitutional and policy basis for military assistance to civil authorities (MACA) a. The basis for the use of military forces to assist civil authorities stems from our core national values. Article I, Section 8 of the Constitution states, “Congress shall have power ... to provide for calling forth the Militia to execute laws of the Union, suppress Insurrections, and repel Invasions.” Article II, Section 8 states that the President shall “take that the Laws be faithfully executed.” b. The military serves to support and defend the nation; this responsibility extends to military responses to domestic emergencies and disasters. From our nation’s inception, the Army has provided support to civilian authorities to assist in times of crisis and need. Floods, riots, hurricanes, earthquakes, unknown substances, and forest fires are examples of situations that have required states to call upon the National Guard or request support from federal armed forces. c. The NSS incorporates the aforementioned national values and sets forth three key national interests-protect the lives and safety of Americans, maintain the sovereignty of the United States, and provide for the prosperity of the nation and its people. Military assistance to civil authorities (MACA) in times of need contributes significantly to satisfying these national security concerns. The strategy recognizes that America’s military may respond to a variety of national needs other than waging war. It specifies that: “Terrorism, WMD, illegal drug trafficking, and other threats at home or abroad may exceed the capacity of other agencies and require the use of military forces.” d. The National Homeland Security Strategy calls for the military to support civil authorities during emergencies such as responding to an attack or to forest fires, floods, tornadoes, or other catastrophes, as well as to assist during national special events. 23–2. Overview a. MACA is a complex, yet critically important, mission for the Armed Forces. Within existing processes and procedures, the Armed Forces have a well-defined basis for participation, perform specific and appropriate roles, and are postured for expansion of their roles and missions in response to the evolving threats and future technologically related domestic emergencies. b. The U.S. military primarily organizes, trains, and equips forces to conduct combat operations. However, it also has the capability to rapidly respond to domestic emergencies and provide assistance to civil authorities to save lives, prevent human suffering, or mitigate great property damage. Such assistance usually occurs after a Presidential declaration of a major disaster or an emergency and supplements the efforts and resources of state and local governments and voluntary organizations. The U.S. military normally responds to domestic emergencies in support of another federal agency. c. The military has enormous capabilities and resources to assist civil authorities in dealing with a wide spectrum of emergencies and disasters. However, it is clear from the management of consequences after many natural disasters and especially the September 11, 2001, attacks on the World Trade Center and The Pentagon, that the military cannot be nor should be the lead federal agency (LFA) for all types of emergencies or disasters. d. Support of civil authorities is a core Army competency listed in FM 1, The Army. The Army conducts these operations under civilian control in accordance with the fundamental tenet of its professional ethos—subordination to civilian authority.

References

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