Rules for the Use of Force
RULES FOR THE USE OF FORCE IN
MILITARY LAW ENFORCEMENT AND SECURITY DUTIES
I.
INTRODUCTION
A.
Scope of Duties
1.
Certain military and civilian personnel of the U.S. Department of
Defense perform law enforcement functions on military
installations generally as well as elsewhere in regard to military
personnel.
2.
Other military and civilian personnel of the U.S. Department of
Defense perform security duties on military installations within the
United States, as well as elsewhere.
a.
b.
3.
B.
Security duties involve: protecting classified information,
systems, or equipment; protecting high ranking U.S.
Government officials or foreign dignitaries; protecting
Department of Defense property and personnel; and
guarding prisoners.
In addition to military and civilian personnel, the
Department of Defense is authorized by national law to hire
private security guards for military installations. Each
military installation commander is responsible for
developing criteria consistent with the Secretary of Defense
directive and local law, for the carrying of firearms and the
use of force by contract security personnel.
By constitution and national law, U.S. Department of Defense
personnel do not normally perform civilian law enforcement or
security functions.
Mindset
1.
U.S. military personnel engaged in a mission involving
international armed conflict (including against certain international
terrorists) are issued orders in the form of rules of engagement
through which enemy personnel (or terrorists) will be declared
"hostile". This designation authorizes U.S. military personnel to
attack without warning using deadly force, subject only to the
restrictions of the international law of armed conflict.
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2.
C.
U.S. military and civilian personnel engaged in law enforcement or
security duties are issued orders in the form of standing rules for
the use of force which govern the use of force in the carrying out
their duties such as arresting persons suspected of committing
crimes and the protection of persons and property. The use of
deadly force is authorized only in very limited circumstances.
Legal Framework
1.
In performing assigned law enforcement and security functions,
U.S. Department of Defense personnel may be required to use
force.
2.
A U.S. national law authorizes civilian officers and employees of
the Department of Defense to carry firearms or other appropriate
weapons while assigned investigative or other duties under
regulations prescribed by the Secretary of Defense.
3.
The Secretary of Defense has issued a Directive governing the
carrying of firearms and the use of deadly force by Department of
Defense military and civilian personnel performing law
enforcement and security duties.
a.
The Directive does not apply to personnel engaged in
military operations, contingencies, and routine Military
Department functions occurring outside U.S. territory and
territorial waters. It also does not apply to air and maritime
homeland defense missions in the U.S. These are governed
by authorized rules of engagement.
b.
Department of Defense personnel detailed to support
federal agencies engaged in law enforcement operate under
common mission-accomplishment specific rules for the use
of force approved by both the Secretary of Defense and the
federal agency involved. However, for self-defense, such
personnel follow Department of Defense standing rules for
the use of force.
c.
Department of Defense personnel under U.S. Coast Guard
control follow the use of force policy for warning shots and
disabling fire issued by the Coast Guard. However, for
self-defense, such personnel follow Department of Defense
rules of engagement outside U.S. territory and territorial
waters, and Department of Defense standing rules for the
use of force inside U.S. territory and territorial waters.
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Rules for the Use of Force
4.
5.
II.
d.
The Directive also does not apply to duties involving civil
disturbances. When military personnel are assigned riot
control duties within the U.S., rules of engagement are
developed for each specific mission. An example is
provided as an appendix at the end of this module.
e.
When drafting rules of engagement for conducting military
operations other than war outside the United States,
military commanders often find this Directive offers useful,
though non-binding, guidance regarding when deadly force
should be used to protect civilians and property.
The Secretary of Defense has also approved standing rules for the
use of force for U.S. forces, civilians, and contractors performing
law enforcement and security duties at all military installations and
in other Department of Defense security functions. These rules are
distributed by the Chairman of the Joint Chiefs of Staff in an
instruction.
a.
These rules also apply to Department of Defense personnel
performing civil support missions, routine Service
functions, and land homeland defense missions within U.S.
territory.
b.
Application of the standing rules for the use of force may
be limited in another nation’s territory by that nation’s laws
and by international agreements with that nation.
The Secretary of each Military Service has issued written a
regulation or instruction which complies with the standing rules for
the use of force issued by the Secretary of Defense. In addition,
the Secretary of Defense Directive authorizes Secretary of each
service to establish additional considerations in implementing
procedures over the use of firearms.
GENERAL GUIDANCE ON ARMING
LAW ENFORCEMENT & SECURITY PERSONNEL
A.
Personnel regularly engaged in law enforcement or security duties shall be
armed. Personnel occasionally engaged in such duties may be armed.
1.
The Army implementing regulation is more restrictive in that it
encourages commanders to substitute nonlethal devices for
firearms when considered adequate for safely performing law
enforcement and security duties.
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B.
III.
Authorization to carry firearms is granted by Heads of Department of
Defense Components or their designees. All authorizations must be in
writing except in situations requiring immediate action to protect life or
vital government assets.
1.
As required by U.S. national law, no Department of Defense law
enforcement or security personnel who have been convicted of a
misdemeanor crime of domestic violence shall be authorized to
carry or possess a firearm.
2.
The implementing regulation or instruction of each of the services
includes additional disqualifying criteria. For example, the Army
disqualifies personnel who have (among other things) used illegal
drugs, are diagnosed as alcohol dependent or an alcohol abuser,
have a history of negligence or delinquency in performing their
duty, or have been involved in a serious incident of misconduct.
C.
Personnel issued firearms are required to complete annual qualification
training, use of deadly force training, and proficiency testing.
D.
Personnel authorized to retain firearms at their residence or nongovernment locations are required to use issued safety locking devices and
instructions for their use.
E.
The Army implementing regulation also prohibits personnel who have
either taken prescription drugs or other medication that may produce
drowsiness or impair reaction or judgment from carrying firearms. It also
prohibits the carrying of firearms if they have consumed alcoholic
beverages less than eight hours before.
GUIDANCE ON THE USE OF FORCE BY LAW ENFORCEMENT &
SECURITY PERSONNEL
A.
Law enforcement and security personnel are required to carry out assigned
duties without resorting to the use of force when possible.
B.
When force is warranted in carrying out law enforcement or security
duties, or in self-defense and defense of other military personnel in the
vicinity in response to a hostile act or hostile intent, the minimum force
necessary is required to be used.
1.
The Army regulation adds the additional guidance that in
evaluating the degree of force required in a specific situation, the
following options should be considered in order:
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Rules for the Use of Force
a.
b.
c.
d.
e.
f.
g.
IV.
verbal persuasion
unarmed defense techniques
chemical aerosol irritant projectors
MP club
military working dogs
presentation of deadly force capability
deadly force
C.
Warning shots are prohibited.
D.
When time and circumstances permit, persons threatening force should be
warned and given the opportunity to cease threatening actions.
E.
The Army implementing regulation adds that a firearm should not be
removed from its holster unless there is a reasonable expectation that use
of the weapon may be necessary.
GUIDANCE ON THE USE OF DEADLY FORCE BY
LAW ENFORCEMENT & SECURITY PERSONNEL
A.
The Army implementing regulation specifies that when a firearm is
discharged, it will be fired with the intent of rendering the person(s) at
whom it is discharged incapable of continuing the activity or course of
behavior prompting the individual to shoot.
B.
The Army regulation also requires that shots be fired only
with due regard for the safety of innocent bystanders.
C.
Deadly force is to be used only when all lesser means have
failed or cannot reasonably be employed, and reasonably
appears necessary for one or more of the following
purposes:
1.
when a person poses an imminent threat of death or
serious bodily harm either to law enforcement and
security personnel or to other persons in the
vicinity;
2.
to prevent the commission of a serious offense
involving an imminent threat of death or serious
bodily harm;
3.
to prevent theft or sabotage of an asset vital to
national security;
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4.
to prevent the theft or sabotage of property that, in
the hands of an unauthorized person, would create
an imminent threat of death or serious bodily harm;
5.
to prevent the sabotage of national critical
infrastructure;
6.
to arrest or apprehend a person who, there is
probable cause to believe, has committed a serious
offense involving an imminent threat of death or
serious bodily harm;
7.
to prevent the escape of a prisoner whom there is
probable cause to believe: has committed or
attempted to commit a serious offense involving an
imminent threat of death or serious bodily harm.
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Rules for the Use of Force
APPENDIX
LOS ANGELES CIVIL DISTURBANCE RULES OF ENGAGEMENT (ROE) (1992)
JOINT TASK FORCE L.A.
Background: In May 1992, the City of Los Angeles experienced extensive rioting
following the jury trial acquittal of local policemen who had been charged with badly
beating a citizen (Rodney King) while in the process of arresting him. A military Joint Task
Force (JTF) was assigned the difficult task of controlling rioting which threatened the safety
of every local citizen as well as their property. The JTF was responsible for developing
"civil disturbance" ROE that would be useful and geared for such an environment. The JTF
Commander promulgated the following rules after consulting all commanders making up
the JTF Using local purchase procedures, an officer acquired 12,000 pocket sized copies of
the ROE, which then were distributed to the troops throughout Los Angeles.
JTF LOS ANGELES ROE
A. Every service member has the right under law to use reasonable and necessary force to
defend himself against violent and dangerous personal attack. The limitations described
below are not intended to infringe this right, but to prevent the indiscriminate use of force.
B. Force will never be used unless necessary, and then, only the minimum force necessary
will be used.
(1) Use Non-deadly force to:
(a) Control the disturbance;
(b) Prevent crime; or
(c) Apprehend or detain persons who have committed crimes.
(2) Use deadly force only when:
(a) Lesser means of force are exhausted or unavailable; and
(b) The risk of death or serious bodily harm to innocent persons is not significantly
increased by the use and the purpose is:
1- Self defense, to avoid death or serious bodily injury;
2- Prevention of crime involving death or serious bodily harm;
3- Prevention of destruction of public utilities that have been determined vital by
the JTF commander; or
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4- Detention, or prevention of escape, of persons who present a clear threat of
loss of life.
(3) When possible, the use of deadly force should be preceded by a clear warning that
such force is contemplated or imminent.
(4) Warning shots will not be used.
(5) When firing, shots will be aimed to wound, if possible, rather than kill.
(6) Weapons will not be fired on automatic.
(7) When possible, let civilian police arrest lawbreakers.
(8) Allow properly identified news reporters freedom of movement, so long as they do
not interfere with your mission.
(9) Do not talk about this operation, or pass on information or rumors about it to
unauthorized persons, refer them to your commander
(10) The JTF commander withholds authority for use of riot control agents or sniper
teams.
Outcome: These carefully crafted ROE accomplished their purpose. The service members
deployed in JTF Los Angeles carried approximately 350,000 rounds of ammunition and
3,700 tear gas grenades, but fired only twenty rounds throughout the entire crisis. Unit
commanders strictly accounted for each shot fired. National Guard soldiers fired fourteen
shots at an individual who attempted to run them down with his car. Task force members
fired two more rounds at another person who tried to run over police and National Guard
soldiers. The final four rounds were used in subduing a robber suspect who resisted arrest.
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