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Aid to the Civil Power (ACP) orMilitary Aid to the Civil Power (MACP) is the use of thearmed forces in support of thecivil authorities of a state. Different countries have varying policies regarding the relationship between their military and civil authorities.
Under certain circumstances, theAustralian Defence Force can be called upon to assist with law enforcement. State or territory civilian police have primary responsibility for law and order. Undersection 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 theDefence 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 the1949 Australian coal strike and the1989 Australian pilots' dispute, under the "safeguarding of its interests" provisions.
TheAustrian Armed Forces can be requested by all authorities onfederal,state,district ormunicipal 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 (calledAssistenzeinsatz / AssE) can only be temporary, but are used extensively in Austria:
Deployments to supportLaw enforcement in Austria:
Deployments to support civil authorities:
Canada has provisions, similar to the UK'smilitary aid to the civil authorities, for military aid to the civil power inscribed in itsNational Defence Act, a historical inheritance from its days as a British dominion. However, the application is significantly different due to thefederal nature of Canada, where the maintenance of law and order is the exclusive right and responsibility of theprovinces.
The political authority empowered to requisition military aid to the civil power is therefore the solicitor general of the affected province in accordance with theNational Defence Act, rather than theWar Measures Act or its subsequent replacement, theEmergencies Act. This requisition is forwarded directly to theChief 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 fromToronto mayorMel Lastman's request for military assistance following a snow storm in 1999, where at least 438 troops were deployed[2] after theOntario 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; theRoyal Canadian Mounted Police has few reserves able to provide a "surge" capability, and its French-speaking capability is limited.
Significant use of theCanadian Forces in aid of the Quebec civil power includes two relatively recent major civil crises:
As well, the military has 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 domesticrebellions in Upper and Lower Canada, and in the early years of existence as a federation, the Canadian Militia was mobilized for First Nations and Métis insurrections in its territories,1869 and1885 (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.[citation needed] (SeeJTF2 for details of request and control of this capability.)
The post-warConstitution 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 theBereitschaftspolizei units, each with a high number of officers, of eachstate police force, which are under the control of thestate governments and not of thefederal 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 unitGSG 9 is part of theBundespolizei (until 2005 known as theBundesgrenzschutz) and is well known in Germany for its antiterrorist missions. However, several state police corps maintains similar units, theSEK(Spezialeinsatzkommando). TheBundesgrenzschutz and theGSG 9 were historically combatants and they had military ranks, but have always been under the control of the Ministry of the Interior, similar to theinternal troops in Eastern Europe during theCold 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, theBundeswehr and its air force branch, theGerman 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 theGerman Air Force. However, the Luftsicherheitsgesetz was declared unconstitutional on February 15, 2006, by theFederal 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, theBundesverfassungsgericht 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, theGerman 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 theBundesverfassungsgericht in 2013, by the wholeCabinet of Germany (Bundesregierung), declaring a regulation void that previously allowed theFederal Minister of Defence (Bundesverteidigungsminister) to decide solely.[6]
InIndonesia, theIndonesian National Armed Forces (TNI) is regulated in the "Tri Darma Eka Karma" Doctrine of the TNI which states the role of the military to be involved in non-combat roles known as "OMSP" (Operasi Militer Selain Perang) translated: "Military operations other than war". This role is stated that the Military's purpose for conducting the "OMSP" is to basically maintain the country's sovereignty and territorial integrity and maintaining the safety of the nation as well as helping to improve the welfare of the people.[7] According to theCommander of the Indonesian National Armed Forces GeneralHadi Tjahjanto, the tasks of the military in conducting the OMSP is to implement duties such ascounter terrorism,border security, assisting regional governments, assisting theIndonesian National Police (Polri),disaster relief, assist security duringstate visits, as well as carrying outPeacekeeping operations under theUnited Nations.[8] TheIndonesian 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) visitingIndonesia.[9]
TheIndonesian military to this day continues to be heavily involved in state civil affairs.[10] According to the TNI commander, one of the role of the military is to basically assist theIndonesian National Police in terms of national security and order. The military are also likely to be called upon in response tocivil unrest incidents which happen in the country such as the incidents which took place inPapua,[11]Aceh,Poso, andJakarta, other than that, the military is also involved in many tasks concerning to assist in security during national civil occasions such as during thenational elections.[12] The military are also likely to be deployed to assist the police during big-scaleriots andprotests which occur in urban settings near vital installations.[13] Sometimes, the military are also posted in vital public locations together with the police such as inAirports andRailway stations during peak seasons.
Other than assisting the police, the military also assists other civil government institutions such as theNational Search and Rescue Agency duringdisaster relief operations. Currently, responding to theCOVID-19 pandemic, the Indonesian Military has been highly involved in tackling the pandemic.
InIreland, theDefence Forces provide assistance through Aid to the Civil Power (ATCP) arrangements to theGovernment of Ireland. TheArmy,Naval Service andAir Corps also provideAid to Civil Community and Aid to Government departments, particularly in a supplementary role to theGarda Síochána, the national police force. Responsibilities includenational security (Supplementing high risk prisoner escort, intelligence), cash escorts, explosive ordnance disposal, maritime safety,search and rescue, drug interdiction (Navy), fisheries protection (Navy), patrols of vital state installations and border patrols (including armedcheckpoints),air ambulance service andnon-combatant evacuation. Examples include;Garda Air Support Unit (GASU) aircraft being flown and maintained by Air Corps personnel, the Air Corps and Naval Service assisting in search and rescue (theIrish Coast Guard (IRCG) is a civilian agency which operates in the Republic of Ireland and some parts ofNorthern Ireland), theArmy Ranger Wing (ARW) carrying out domesticcounter-terrorism operations and theDirectorate of Military Intelligence carrying out domesticcounter-intelligence duties.[14]
In 2008 the Italian Government decided to use soldiers from theArmy,Navy andAir Force to patrol cities and protect high-value buildings (embassies, consulates, monuments). When military personnel patrol cities they are always accompanied by an agent from thePolizia di Stato (State Police), a military from theCarabinieri or a military fromGuardia di Finanza.[15]
Carabinieri are the 4th Armed force in Italy whileGuardia di Finanza are a military body and are regular police forces with military status in Italy.
In theUnited 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 asExplosive Ordnance Disposal andmountain rescue (where it is provided by theRoyal Air Force Mountain Rescue Service).
CommanderHome 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]
ThePosse Comitatus Act, passed in 1878, generally prohibits Federal military personnel (except theUnited States Coast Guard) and units of theUnited States National Guard under Federal authority from acting in a law enforcement capacity within theUnited States, except where expressly authorized by theConstitution orCongress.
The original act only referred to theArmy, but theAir Force was added in 1956 and theNavy andMarine Corps have been included by a regulation of theDepartment 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 the1967 Detroit riot. Repeated caveats have been added to the Posse Comitatus Act over the years by subsequent legislation.
On June 1, 2020,PresidentDonald Trump threatened to invoke theInsurrection Act of 1807 in response toriots following themurder of George Floyd.[17][18]