Maritime Law
Enforcement
1
INTRODUCTION
• Naval Forces as economic & effective
law enforcement units
• Risk of Excessive Use of Force
Avoided by
– law enforcement agency control
– thorough training
– oversight by civil executive, legislative &
judicial branches
2
JURISDICTION & AUTHORITY
• Naval Forces Must Have:
– international jurisdiction over the vessel
or aircraft in question
• depends upon nationality, location, status &
activity
– domestic legal authority to conduct law
enforcement operations
3
ELEMENTS OF
JURISDICTION
• Location
• Nationality of vessel
• Nationality of person
• Type of offense
4
BASES FOR JURISDICTION TO
PRESCRIBE
• Territorial
– Objective
•
•
•
•
Nationality
Passive Personality
Protective
Universal
5
JURISDICTION AS TO
PLACE
• Over Own Flagged Vessels Located
Anywhere
– however, enforcement not undertaken
in other state’s national waters w/o
consent as a matter of policy
• Domestic Law Defines Which
Vessels are Considered “Own”
6
JURISDICTION OVER
FOREIGN FLAG VESSELS
• Within Own National Waters
– if reasonable grounds that vessel is
violating own laws
• Within Own Contiguous Zone, Exclusive
Economic Zone, Over Continental Shelf
– only for certain laws
• Exception: Sovereign Immune Vessels
7
HOT PURSUIT OF FOREIGN
FLAG VESSELS
• Must Begin in National Waters,
Contiguous Zone, EEZ, or Over
Continental Shelf
–for violating own laws applicable to
those waters; after order to stop
• Must Be Continuous
• May Not Extend Into National Waters
of Another State
8
JURISDICTION OVER
STATELESS VESSELS
• Not Legitimately Registered in Any
• Are Subject to Jurisdiction of All
• Other Vessels Can Be Regarded As
Stateless
– certain factors are considered
9
APPROACH & VISIT
• Authorized Vessels & Aircraft May:
– Verify Vessel Nationality
– Stop, Board Vessel, & Examine Documents
• if reasonable suspicion of certain international
crimes or stateless
• AND if not sovereign immune
10
CONSENSUAL BOARDING
• Authorized Vessels & Aircraft May
Request Permission from Master of a
Vessel
• Examination is Limited By Consent
• No Enforcement Authority
11
CONSENT OF FLAG NATION
• Special Arrangement on Case by Case
Basis Through Diplomatic Channels
• International Agreements on Blanket
Basis Authorizing
– boarding, or
– boarding & enforcement of flag nation’s
laws or warship nation’s laws
12
BOARDING PROCEDURES
• Preliminary Questions
– basis for decision to visit
• Boarding Team
– composition
• Once Aboard
– initial security sweep
– review of ship’s papers
– inspect or search as
appropriate
13
DOMESTIC LEGAL
AUTHORITY
• Agency/Courts
• Offense
• Person
14
U.S. COUNTER-DRUG LAW
• Applies to:
– any person aboard a vessel subject to
U.S. jurisdiction
– US citizens/resident aliens aboard any
vessel
• Vessel Subject to U.S. Jurisdiction
– 6 different categories
• Prohibits Manufacture, Distribution or
Possession w/ Intent
15
U.S. COAST GUARD MARITIME
LAW ENFORCEMENT AUTHORITY
• Primary Maritime Law Enforcement
Agency
• Lead Agency for Maritime Drug
Interdiction
• Authority to Inquire, Inspect, Search,
Seize, Arrest for Violations of U.S. Law
• E-4 and Above Have Arrest Authority &
Are Designated Customs Agents
16
INTERAGENCY COORDINATION
• Standing U.S. Procedure for
Interagency Coordination
– concerning non-military incidents
which could adversely impact foreign
relations
• State Dept & Other Concerned
Agencies Notified
17
U.S. DOD MARITIME LAW
ENFORCEMENT MISSION
• U.S. Law & Policy Prohibits DoD From
Enforcing U.S. Law
– potential exception for outside U.S.
– exception for indirect Involvement or
assistance if furthering military function
– certain U.S. laws provide other exceptions
18
U.S. DOD MARITIME LAW
ENFORCEMENT MISSION
• U.S. Laws Authorizing DoD Limited
Counterdrug Missions
– lead agency for detecting & monitoring air
and maritime transit of drugs into U.S.
– train & advise law enforcement officers in
the operation of loaned equipment
– maintain and operate DoD equipment to
intercept & communicate w/ vessels and
aircraft outside U.S.
19
U.S. DOD MARITIME LAW
ENFORCEMENT MISSION
• U.S. Laws Authorizing DoD Limited
Counterdrug Missions
– Operate communications equipment
being used for law enforcement
operations
– Transport law enforcement personnel
– operate base of operations
A narco-submarine seized in
Ecuador in July 2010
20
U.S. DOD MARITIME LAW
ENFORCEMENT MISSION
• U.S. Laws Authorizing DoD Limited
Counterdrug Missions
– provide information acquired during
military training and operations
– make equipment & facilities available to
law enforcement authorities
• embark USCG Law Enforcement
Detachments
21
USE OF FORCE POLICY
• Resort to Using Force May Be
Necessary to Enforce the Law
– regulations should state authority
– personnel should be trained
– law enforcement Use of Force Policy
different from Military ROE
22
USE OF FORCE POLICY
• Force Generally Authorized:
– for self-defense & defense of others
– to prevent a crime
– to effect a lawful arrest
– to protect property
– to compel compliance with lawful order
• Use Only Minimum Force Necessary
23
USE OF FORCE POLICY
• Deadly Force Generally Authorized
When Other Person:
– has means to inflict death or serious
bodily injury,
– has opportunity to do so; and
– has the immediate, present intention to
do so.
• No Duty to Retreat
24
USE OF FORCE POLICY
• Warning Shots and Disabling Fire
– policy should be specific & standard
– decision reserved to senior officers
– jurisdiction over suspect vessel must
be confirmed
– alternative means of stopping vessel
should normally be attempted first
– force limited to stopping vessel
25
26