Military Aid to the Civil Power
Encyclopedia
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
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...

 and the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...

.

Australia

In Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...

, any military deployment within an Australian state
States and territories of Australia
The Commonwealth of Australia is a union of six states and various territories. The Australian mainland is made up of five states and three territories, with the sixth state of Tasmania being made up of islands. In addition there are six island territories, known as external territories, and a...

 requires the authorisation of the state government. This has occurred as recently as the February 2009 Victorian bushfires
February 2009 Victorian bushfires
The 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...

.

Canada

Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...

 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
Federation
A 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 provinces
Provinces and territories of Canada
The provinces and territories of Canada combine to make up the world's second-largest country by area. There are ten provinces and three 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 Act
War Measures Act
The War Measures Act was a Canadian statute that allowed the government to assume sweeping emergency powers in the event of "war, invasion or insurrection, real or apprehended"...

 and currently the Emergencies Act
Emergencies Act
The 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 Staff
Chief of the Defence Staff (Canada)
The 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...

 (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
Toronto
Toronto is the provincial capital of Ontario and the largest city in Canada. It is located in Southern Ontario on the northwestern shore of Lake Ontario. A relatively modern city, Toronto's history dates back to the late-18th century, when its land was first purchased by the British monarchy from...

 mayor Mel Lastman
Mel Lastman
Melvin Douglas "Mel" Lastman , nicknamed "Mayor Mel", is a former businessman and politician. He is the founder of the Bad Boy Furniture chain. 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 five other...

's request for military assistance following a snow storm in 1999, whereby 300 reservists were activated to assist in snow removal after the Ontario
Ontario
Ontario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa....

 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
Quebec
Quebec or is a province in east-central Canada. It is the only Canadian province with a predominantly French-speaking population 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 Police
Royal Canadian Mounted Police
The Royal Canadian Mounted Police , literally ‘Royal Gendarmerie of Canada’; colloquially known as The Mounties, and internally as ‘The Force’) 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,...

 has few reserves able to provide a "surge" capability, and its French-speaking capability is more limited.

Significant use of the Canadian Forces
Canadian Forces
The 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
    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, mainly in the Montreal metropolitan area.The circumstances ultimately culminated in the only peacetime use...

     of 1970
  • the Oka crisis
    Oka Crisis
    The Oka Crisis was a land dispute between a group of Mohawk people and the town of Oka, Quebec, Canada which began on July 11, 1990 and lasted until September 26, 1990. At least one person died as a result...

     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
GSG 9
The GSG 9 der Bundespolizei , is the elite counter-terrorism and special operations unit of the German Federal Police.-History and name:...

 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 . 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
Bundeswehr
The Bundeswehr consists of the unified armed forces of Germany and their civil administration and procurement authorities...

 and its air force branch, the Luftwaffe
Luftwaffe
Luftwaffe 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 1935 and disbanded in 1946; and the current Bundeswehr air arm founded in 1956....

 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
Luftwaffe
Luftwaffe 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 1935 and disbanded in 1946; and the current Bundeswehr air arm founded in 1956....

. However, the Luftsicherheitsgesetz was declared unconstitutional on February 15, 2006, by the Federal Constitutional Court of Germany
Federal Constitutional Court of Germany
The Federal Constitutional Court is a special court established by the Grundgesetz, the German basic law...

 ).

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
Polizia di Stato
The Polizia di Stato is one of the national police forces of Italy.It is the main police force for providing police duties and it is also responsible for patrolling motorways , railways , airports , customs as well as certain waterways, and assisting the local police...

 (State Police), a military from the Carabinieri
Carabinieri
The Carabinieri is the national gendarmerie of Italy, policing both military and civilian populations, and is a branch of the armed forces.-Early history:...

 or a military from Guardia di Finanza
Guardia di Finanza
The Guardia di Finanza is a Italian law enforcement agency under the authority of the Minister of Economy and Finance. Like the Carabinieri, it is part of the Italian Armed Forces. The Guard is essentially responsible for dealing with financial crime and smuggling; it has also evolved into Italy's...

.

It must be reminded that Carabinieri
Carabinieri
The Carabinieri is the national gendarmerie of Italy, policing both military and civilian populations, and is a branch of the armed forces.-Early history:...

 are the 4th Armed force in Italy while Guardia di Finanza
Guardia di Finanza
The Guardia di Finanza is a Italian law enforcement agency under the authority of the Minister of Economy and Finance. Like the Carabinieri, it is part of the Italian Armed Forces. The Guard is essentially responsible for dealing with financial crime and smuggling; it has also evolved into Italy's...

 are a military body.

United Kingdom

In the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...

, 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
Air-sea rescue
Air-sea rescue is the coordinated search and rescue of the survivors of emergency water landings as well as people who have survived the loss of their sea-going vessel. ASR can involve a wide variety of resources including seaplanes, helicopters, submarines, rescue boats and ships...

 (where it is provided by the RAF Search and Rescue Force
RAF Search and Rescue Force
The RAF Search and Rescue Force is the Royal Air Force organisation which provides around-the-clock aeronautical search and rescue cover in the United Kingdom, Cyprus and the Falkland Islands.-History:...

) and mountain rescue
Mountain rescue
Mountain rescue refers to search and rescue activities that occur in a mountainous environment, although the term is sometimes also used to apply to search and rescue in other wilderness environments. The difficult and remote nature of the terrain in which mountain rescue often occurs has resulted...

 (where it is provided by the Royal Air Force Mountain Rescue Service)

United States

The Posse Comitatus Act
Posse Comitatus Act
The Posse Comitatus Act is an often misunderstood and misquoted United States federal law passed on June 18, 1878, after the end of Reconstruction. Its intent was to limit the powers of local governments and law enforcement agencies from using federal military personnel to enforce the laws of...

, passed in 1878, generally prohibits Federal military personnel (except the United States Coast Guard
United States Coast Guard
The United States Coast Guard is a branch of the United States Armed Forces and one of the seven U.S. uniformed services. The Coast Guard is a maritime, military, multi-mission service unique among the military branches for having a maritime law enforcement mission and a federal regulatory agency...

) and units of the United States National Guard
United States National Guard
The 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. Militia members are citizen soldiers, meaning they work part time for the National...

 under Federal authority from acting in a law enforcement capacity within the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

, except where expressly authorized by the Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...

 or Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....

.

The original act only referred to the Army
United States Army
The United States Army is the main branch of the United States Armed Forces responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military, and is one of seven U.S. uniformed services...

, but the Air Force
United States Air Force
The United States Air Force is the aerial warfare service branch of the United States 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 September 18, 1947 under the National Security Act of...

 was added in 1956 and the Navy
United States Navy
The United States Navy is the naval warfare service branch of the United States Armed Forces and one of the seven uniformed services of the United States. The U.S. Navy is the largest in the world; its battle fleet tonnage is greater than that of the next 13 largest navies combined. The U.S...

 and Marine Corps
United States Marine Corps
The United States Marine Corps is a branch of the United States Armed Forces responsible for providing power projection from the sea, using the mobility of the United States Navy to deliver combined-arms task forces rapidly. It is one of seven uniformed services of the United States...

 have been included by a regulation of the Department of Defense
United States Department of Defense
The United States Department of Defense is the U.S...

. 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
12th Street riot
The 1967 Detroit riot, also known as the 12th 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 an unlicensed, after-hours bar then known as a blind pig, on the corner of 12th and...

.

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
    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
    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
    Gendarmerie
    A gendarmerie or gendarmery is a military force charged with police duties among civilian populations. Members of such a force are typically called "gendarmes". The Shorter Oxford English Dictionary describes a gendarme as "a soldier who is employed on police duties" and a "gendarmery, -erie" as...

  • German Federal Police
    German Federal Police
    The Bundespolizei is a uniformed federal police force in Germany. It is subordinate to the Federal Ministry of the Interior...

  • Vigipirate
    Vigipirate
    Vigipirate is France's national security alert system. Created in 1978 by President Valéry Giscard d'Estaing, it has since been updated three times: in 1995 , 2000, and 2004....


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.
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