Military aid to the civil power (
MACP) (sometimes
to the civil authorities) is assistance by the armed forces to the police in maintaining law and order. It is used in many countries, including
CanadaCanada is a country occupying most of northern North America, extending from the Atlantic Ocean in the east to the Pacific Ocean in the west and northward into the Arctic Ocean...
and the
United KingdomThe United Kingdom of Great Britain and Northern Ireland is a sovereign state located off the northwestern coast of continental Europe. It is an island country, spanning an archipelago including Great Britain, the northeastern part of Ireland, and many small islands...
.
Australia
In
AustraliaAustralia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the continental mainland , the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans...
, any military deployment within
an Australian stateThe Commonwealth of Australia is made up of six states and two major mainland territories. There are also lesser territories that are under the administration of the federal government.- States and Territories:+ Formerly part of ACT...
requires the authorisation of the state government. This has occurred as recently as the
February 2009 Victorian bushfiresThe Black Saturday bushfires, were a series of bushfires that ignited or were burning across the Australian state of Victoria on and around Saturday 7 February 2009 during extreme bushfire-weather conditions, resulting in Australia's highest ever loss of life from a bushfire...
.
Canada
CanadaCanada is a country occupying most of northern North America, extending from the Atlantic Ocean in the east to the Pacific Ocean in the west and northward into the Arctic Ocean...
has provisions 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 CanadaA federation , also known as a federal state, is a type of sovereign state characterized by a union of partially self-governing states or regions united by a central government...
, where the maintenance of "law and order" is the exclusive right and responsibility of the
provincesThe provinces and territories of Canada combine to make up the world's second largest country. The major difference between a Canadian province and a territory is that provinces are jurisdictions that receive their power and authority directly from the Constitution Act, 1867, whereas territories...
.
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 ActThe War Measures Act was a Canadian statute that allowed the government to assume sweeping emergency powers...
and currently the
Emergencies ActThe Emergencies Act is an Act of the Parliament of Canada to authorize the taking of special temporary measures to ensure safety and security during national emergencies and to amend other Acts in consequence thereof....
. This request is forwarded directly to the
Chief of the Defence StaffThe Chief of the Defence Staff is the second most senior member of the Canadian Forces, and heads the Armed Forces Council, having primary responsibility for command, control, and administration of the forces, as well as military strategy, plans, and requirements.-Rank and command:The Chief of...
(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
TorontoToronto is the most populous city in Canada and the provincial capital of Ontario. It is located in Southern Ontario on the northwestern shore of Lake Ontario. With over 2.5 million residents, it is the fifth most populous municipality in North America...
mayor
Mel LastmanMelvin Douglas "Mel" Lastman , nicknamed "Mayor Mel", is a former businessman and politician. He served as the mayor of the former city of North York, Ontario, Canada from 1972 until 1997. At the end of 1997, North York, along with four other municipalities, was amalgamated with the city of Toronto...
's request for military assistance following a snow storm in 1999, whereby 300 reservists were activated to assist in snow removal after the
OntarioOntario is a province located in east-central Canada, the largest by population and second largest, after Quebec, in total area. Ontario is bordered by the Canadian provinces of Manitoba to the west and Quebec to the east, and 5 U.S...
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.
QuebecQuebec is a province in east-central Canada. It is the only Canadian province with a predominantly French-speaking identity and the only one whose sole official language is French at the provincial level....
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 PoliceThe Royal Canadian Mounted Police is the national police force of Canada, and one of the most recognized of its kind in the world. It is unique in the world as a national, federal, provincial and municipal policing body...
has few reserves able to provide a "surge" capability, and its French-speaking capability is more limited.
Significant use of the
Canadian ForcesThe Canadian Forces , officially the Canadian Armed Forces , are the unified armed forces of Canada, as constituted by the National Defence Act, which states: "The Canadian Forces are the armed forces of Her Majesty raised by Canada and consist of one Service called the Canadian Armed Forces."...
in aid of the Quebec civil power includes two relatively recent major civil crises:
- the October crisis
The October Crisis was a series of events triggered by two kidnappings of government officials by members of the Front de libération du Québec during October 1970 in the province of Quebec...
of 1970
- the Oka crisis
The Oka Crisis was a land dispute between the Mohawk nation and the town of Oka, Quebec which began on July 11, 1990, and lasted until September 26, 1990...
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 9The GSG 9 der Bundespolizei is the elite counter-terrorism and special operations unit of the German Federal Police and is considered by Interpol to be one of the best of its kind in the world...
is part of the
BundespolizeiBundespolizei may refer to:*Federal Police *Federal Police...
(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 (German: 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
BundeswehrThe Bundeswehr comprises the unified armed forces of Germany and their civil administration and procurement authorities...
and its air force branch, the
LuftwaffeLuftwaffe is a generic German term for an air force. It is also the official name for two of the four historic German air forces, the Wehrmacht air arm founded in 1933 and disbanded in 1946; and the current Bundeswehr air arm founded in 1956.Schweizer Luftwaffe is also the name of the Swiss Air...
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
LuftwaffeLuftwaffe is a generic German term for an air force. It is also the official name for two of the four historic German air forces, the Wehrmacht air arm founded in 1933 and disbanded in 1946; and the current Bundeswehr air arm founded in 1956.Schweizer Luftwaffe is also the name of the Swiss Air...
. However, the Luftsicherheitsgesetz was declared unconstitutional on February 15, 2006, by the
Federal Constitutional Court of GermanyThe Federal Constitutional Court is a special court established by the Grundgesetz, the German basic law...
(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 StatoThe Polizia di Stato is one of the national police forces of Italy.It is responsible for providing police duties in Italy; patrolling motorways , railways, airports, customs as well as certain waterways, and assisting the local police forces.It was a military force until 1981 when, with the Italian...
(State Police), a military from the
CarabinieriThe Arma dei Carabinieri is the national gendarmerie of Italy, policing both the military and civilian populations. The Carabinieri is now a branch of the armed forces , thus ending their long standing role as the first corps of the Italian army.-Early history:The corps was created by King Victor...
or a military from
Guardia di FinanzaThe Guardia di Finanza is an Italian police force under the authority of the Minister of Economy and Finance. As it retains military status, like the Carabinieri, it is part of the Italian Armed Forces...
.
http://news.bbc.co.uk/2/hi/europe/7540585.stm
It must be reminded that
CarabinieriThe Arma dei Carabinieri is the national gendarmerie of Italy, policing both the military and civilian populations. The Carabinieri is now a branch of the armed forces , thus ending their long standing role as the first corps of the Italian army.-Early history:The corps was created by King Victor...
are the 4th Armed force in Italy while
Guardia di FinanzaThe Guardia di Finanza is an Italian police force under the authority of the Minister of Economy and Finance. As it retains military status, like the Carabinieri, it is part of the Italian Armed Forces...
are a military body.
United Kingdom
MACP is one of the fundamental military tasks of the
British ArmyThe British Army is the land armed forces branch of the British Armed Forces. It came into being with the unification of the Kingdoms of England and Scotland into the Kingdom of Great Britain in 1707. The new British Army incorporated Regiments that had already existed in England and Scotland and...
. As with all deployments of the armed forces, its use must be specifically authorised by a defence minister. It is always applied at the request and under control of the police. The legal basis is the common law duty of every subject to maintain the
Queen's peaceThe Queen's peace is the term used in the Commonwealth realms to describe the protection the monarch, in right of each state, provides to his or her subjects...
.
Examples of military aid to the civil power include:
- Security forces in Northern Ireland
Northern Ireland is a part of the United Kingdom of Great Britain and Northern Ireland and it is situated in the north-east of the island of Ireland. It shares a border with the Republic of Ireland to the south and west...
- Army patrols around Heathrow Airport
London Heathrow Airport or Heathrow , located in the London Borough of Hillingdon, is the world's busiest airport in terms of international passenger traffic. It is the world's second busiest airport in total passenger traffic. It is also the largest and busiest airport in the United Kingdom...
and other sites in early 2003, in response to perceived terrorist threat
- The Special Air Service
The Special Air Service is a special forces regiment within the British Army which has served as a model for the special forces of other countries. The SAS forms a significant section of United Kingdom Special Forces alongside the Special Boat Service , Special Reconnaissance Regiment , and the...
intervention in the Iranian Embassy SiegeThe Iranian Embassy Siege of 1980 was a siege of the Iranian embassy in London after it had been taken over by Iranian Arab separatists. The siege was ended when British special forces, the Special Air Service , stormed the building in Operation Nimrod...
United States
The
Posse Comitatus ActThe Posse Comitatus Act is a United States federal law passed on June 18, 1878, after the end of Reconstruction, with the intention of substantially limiting the powers of the federal government to use the military for law enforcement...
, passed in 1878, generally prohibits Federal military personnel (except the
United States Coast GuardThe United States Coast Guard is a branch of the United States Armed Forces and one of seven uniformed services. It is unique among the military branches in that it has a maritime law enforcement mission and a federal regulatory agency mission as part of its mission set...
) and units of the
United States National GuardThe National Guard of the United States is a reserve military force composed of state National Guard militia members or units under federally recognized active or inactive armed force service for the United States...
under Federal authority from acting in a law enforcement capacity within the
United StatesThe United States of America is a federal constitutional republic comprising fifty states and a federal district...
, except where expressly authorized by the
ConstitutionThe Constitution of the United States of America is the supreme law of the United States. It is the foundation and source of the legal authority underlying the existence of the United States of America and the federal government of the United States...
or
CongressThe United States Congress is the bicameral legislature of the federal government of the United States of America, consisting of two houses, the Senate and the House of Representatives. Both senators and representatives are chosen through direct election....
.
The original act only referred to the
ArmyThe United States Army is the branch of the United States Military responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military and is one of seven uniformed services...
, but the
Air ForceThe United States Air Force is the aerial warfare branch of the U.S. armed forces and one of the American uniformed services. Initially part of the United States Army, the USAF was formed as a separate branch of the military on 18 September 1947 under the National Security Act of 1947 - 80 P.L....
was added in 1956 and the
NavyThe United States Navy is the sea branch of the U.S. Armed Forces. It is one of the seven uniformed services of the United States. As of 31 December 2008, the U.S. Navy had about 331,682 personnel on active duty and 124,000 in the Navy Reserve. It operates 283 ships in active service and more than...
and
Marine CorpsThe United States Marine Corps is a branch of the United States armed forces responsible for providing force projection from the sea, using the mobility of the United States Navy to rapidly deliver combined-arms task forces. It is one of seven uniformed services of the United States...
have been included by a regulation of the
Department of DefenseThe United States Department of Defense is the federal department charged with coordinating and supervising all agencies and functions of the government relating directly to national security and the military...
. 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 riotsThe Detroit 1967 riot or the 1967 Detroit rebellion , or more commonly referred to in Detroit and Michigan as the Twelfth Street riot, was a civil disturbance in Detroit, Michigan that began in the early morning hours of Sunday, July 23, 1967. The precipitating event was a police raid of a blind...
.
Repeated caveats have been added to the Posse Comitatus Act over the years by subsequent legislation.
See also
- Civilian control of the military
Civilian control of the military is a doctrine in military and political science that places ultimate responsibility for a country's strategic decision-making in the hands of the civilian political leadership, rather than professional military officers. One author, paraphrasing Samuel P...
- Military Aid to the Civil Community
Military Aid to the Civil Community is a phrase referring to the armed forces providing a service to the civilian community. It is used in many countries, particularly the United Kingdom.-United Kingdom:...
- Gendarmerie
A gendarmerie or gendarmery is a military body charged with police duties among civilian populations. The members of such a body are called gendarmes. The term maréchaussée may also be used but is now uncommon.-Etymology:The word gendarme comes from Old French gens d'armes, meaning men-at-arms...
- German Federal Police
The Bundespolizei is the uniformed federal police force of Germany. It is subordinate to the Federal Ministry of the Interior...
- Vigipirate
Vigipirate is France's national security alert system. Created in 1978 by President Valéry Giscard d'Estaing, it has since been activated three times: in 1995 , 2000, and 2004....