Military Aid to Civil Power: Strengthening National Security and Public Order

By Fouad Sabry

What is Military Aid to Civil Power

Aid to the Civil Power (ACP) or Military Aid to the Civil Power (MACP) is the use of the armed forces in support of the civil authorities of a state. Different countries have varying policies regarding the relationship between their military and civil authorities.

How you will benefit

(I) Insights, and validations about the following topics:

Chapter 1: Military aid to the civil power

Chapter 2: Indonesian National Armed Forces

Chapter 3: Malaysian Armed Forces

Chapter 4: Nigerian Armed Forces

Chapter 5: Posse Comitatus Act

Chapter 6: Military aid to the civil community

Chapter 7: Commander-in-chief

Chapter 8: Military police

Chapter 9: Sky marshal

Chapter 10: Defence Forces (Ireland)

(II) Answering the public top questions about military aid to civil power.

Who this book is for

Professionals, undergraduate and graduate students, enthusiasts, hobbyists, and those who want to go beyond basic knowledge or information for any kind of Military Aid to Civil Power.

• Language: English
• Publisher: One Billion Knowledgeable
• Release date: Jun 18, 2024

Book preview

Chapter 1: Military aid to the civil power

For the purpose of providing assistance to the civil authorities of a state, the use of the armed forces is referred to as aid to the civil power (ACP) or military aid to the civil power (MACP). Different nations have different policies addressing the interaction between their armed forces and the civilian authority in their own countries.

In the event that specific conditions are met, the Australian Defense Force may be requested to provide assistance with law enforcement. The primary responsibility for maintaining peace and order is with the civilian police of the state or territory. In accordance with the provisions of section 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. An additional explanation for this can be found in section 51 of the Defence Act, which states that:

In the event that the Governor of a state has declared that domestic violence is present within that state, the Governor-General, upon the request of the Executive Government of that state, has the authority to issue a proclamation stating that domestic violence is present within that state. The Governor-General may also call out the Permanent Forces, and in the event that their numbers are insufficient, they may also call out such of the Emergency Forces and the Reserve Forces as may be required for the protection of that state. The services of the Forces that have been called out may be utilized in accordance with the needs of the state in order to protect that state from domestic violence.

In response to requests from state or territory administrations, military personnel have been deployed on two separate occasions. Additionally, deployment has been authorized on one other occasion, although it was not required:

With the signing of an order-in-council in September 1970, the governor-general authorized the deployment of the army to East New Britain Province of Papua New Guinea, which was a territory of Australia at the time, in order to provide assistance to local police in the event that riot control measures were required. In April of 1971, the order was declared null and void because the army was not required.

In the aftermath of the bombing at the Sydney Hilton in February 1978, a total of two thousand armed soldiers were sent to Bowral and Mittagong in order to safeguard the Commonwealth Heads of Government Regional Meeting as well as the road and rail connections that connected Sydney to the Southern Highlands.

In March of 2002, just a few months after the terrorist events that occurred on September 11, 2002, 2,400 military soldiers were deployed to defend the Commonwealth Heads of Government Meeting that was held in Coolum Beach, Queensland. This included armed F/A-18 Hornets patrolling overhead.

In addition, the regulations governing the military in Australia permit the federal government to employ armed troops on its own initiative, for the protection of its servants or property, or the safeguarding of its interests. This act has been carried out three times:

RF-111C reconnaissance aircraft were utilized in April 1983 for the purpose of conducting an investigation into construction activities being carried out by the government of Tasmania, which was in the process of preparing to dam the Gordon River in violation of federal law. The High Court of Australia issued an injunction against the work based on the evidence that was gathered from the reconnaissance flights.

During a massive political demonstration that took place in September 1989, soldiers were sent to the Joint Defense Facility Nurrungar. During the event, 300 protestors entered the facility by breaking through the outer gate.

During the Tampa incident, which occurred in August of 2001, the Special Air Service Regiment was utilized.

Additionally, under the provisions of the safeguarding of its interests clause, unarmed personnel and equipment from the defense force have been utilized in industrial disputes, such as the mining strike that occurred in Australia in 1949 and the pilots' dispute that occurred in Australia in 1989 that occurred.

During extraordinary occurrences, the Austrian Armed Forces are available to be called upon by any and all authorities operating at the federal, state, district, or municipal level, depending on their respective areas of responsibility. When a deployment of more than one hundred soldiers is requested, the approval of the federal government is absolutely necessary. It is only possible for ACP and MACP, which are also known as Assistenzeinsatz or AssE, to be temporary, yet they are utilized frequently in Austria:

Helping to support law enforcement in Austria through deployments:

The Iron Curtain was brought down in September 1990, following the conclusion of the Cold War period. However, Austria did not have a border guard at the time, therefore the military was given the responsibility of guarding the border lines. It had been anticipated that this deployment would be completed after ten weeks, however it continued until December of 2011.

During the Annaberg shooting that took place in September 2013, the military was required to provide assistance to the federal police. The incident involved the murder of three police officers and a paramedic by a poacher.

A second deployment of Austrian military personnel to the borders occurred in September 2015 as a direct response to the crisis with migrants in Europe. As of the year 2023, this deployment is still in progress.

Guarding diplomatic missions and other vulnerable institutions in Vienna has been the responsibility of the military since August of 2016.

Beginning in May of 2020, members of the military and reservists began providing assistance to law enforcement in Austria during the COVID-19 epidemic. The duration of this deployment was till 2022.

Provisions for the purpose of assisting civil authorities:

The Austrian military is typically called into action in the event of natural disasters or weather-related catastrophes.

During the COVID-19 epidemic that was occurring in Austria in May of 2020, the military and state reservists began providing assistance to civic authorities and health care facilities. The duration of this deployment was till 2022.

Canada's National Defense Act has provisions for military aid to the civil power, which are comparable to the measures that the United Kingdom has in place for military assistance to the civil authorities. These laws are a historical inheritance from Canada's days as a British dominion. On the other hand, the applicability is much different because of the federal nature of Canada, which means that the provinces have the only right and responsibility to ensure that law and order is maintained.

It is consequently the solicitor general of the afflicted province who is the political authority that is authorized to requisition armed military aid to the civil power in accordance with the National Defense Act. This is in contrast to the War Measures Act or its eventual replacement, the Emergencies Act. Rather of being sent to the federal government of Canada, this requisition is sent directly to the Chief of the Defence Staff, who is legally bound to carry out the request. Nevertheless, the Chief of Defense Staff is the only person who has the authority to decide the sort and level of forces that will be committed.

There is a possibility that the province that made the request will be requested to pay the cost of the military assistance; however, the federal government will typically waive this obligation. As a result of Toronto Mayor Mel Lastman's request for military assistance in the aftermath of a snowstorm in 1999, at least 438 troops were deployed after the Ontario government acceded to the request. 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. This is one exception that has occurred in recent years.

In practice, the military operates under the command of the police forces or the administration of the province that has asked its assistance, despite the fact that it is legally free to decide how to deal with a problem that has been brought to its attention. Requests of this nature are made very frequently for specialized resources, such as armored vehicles (for example, in circumstances involving hostages) and technology capabilities that are not available by law enforcement agencies.

In the event that there is a strike by the police in a province that has a unionized provincial police force, they are also called out. The Royal Canadian Mounted Police has few reserves that are able to provide a surge capability, and its French-speaking capability is limited. As a result, Quebec has not hesitated to call on the Army for assistance because the Army is the only other agency that possesses French-speaking personnel that are capable of replacing striking police.

The Canadian Armed Forces have been utilized in a significant manner to assist the civil power of Quebec, including two major civil crises that occurred relatively recently:

the situation that occurred in October of 1970

1990's Oka crisis was a crisis.

As well, For the purpose of addressing labor issues, the Canadian Armed Forces have been called into action, For example, cavalry forces were dispatched to Edmonton in 1931 to deal with an anticipated unemployed riot, and armored cars were used to use strikers in Stratford in 1934.

As well, before the Confederation, in the year 1837, For the purpose of putting down domestic uprisings in Upper and Lower Canada, British troops were utilized, and during the early years of the federation's existence as a whole, the Canadian Militia was mobilized for First Nation and Métis insurrections in its territories, The first and second Riel Rebellions occurred in the years 1869 and 1885.

When it comes to assisting with its own responsibilities, such as the protection of federal buildings and facilities, the federal government is able to and does make use of the military when necessary. Instead of the Royal Canadian Mounted Police, the Canadian Armed Forces have been providing the federal counter-terrorism forces for the country since 1993. This job was previously performed by the Mounted Police. Refer to JTF2 for more information regarding the request and control of this capability.

The Constitution of Germany, which was drafted after the war, prohibits the use of military force in any capacity related to law enforcement. In other countries, the functions that the MACP is responsible for are carried out by special or specialized police forces, such as the Bereitschaftspolizei units, which are comprised of a large number of officers and are part of each state police force. These units are under the control of the state governments rather than the federal government, which is the case in the United States.

For some acts, federal police forces may be utilized either by orders issued by the federal administration and the federal judiciary or by the state government in response to a request for their assistance. It is well known in Germany for its anti-terrorist missions as the counter-terrorist unit known as GSG 9 is a part of the Bundespolizei, which was formerly known as the Bundesgrenzschutz until 2005. These SEK (Spezialeinsatzkommando) units are maintained by a number of state police corps, all of which are comparable to one another. Both the Bundesgrenzschutz and the GSG 9 were historically combatants, and they held military ranks. However, they have always been under the supervision of the Ministry of the Interior, which is comparable to the situation that existed with the internal troops in Eastern Europe during the time of the Cold War conflict.

A rigorous division between civil and military power was imposed in order to ensure that the army would remain subordinate to the civil power and to prevent the army from becoming a political power once again in matters pertaining to the internal affairs of the country. A number of conservative politicians have been advocating for the elimination of this rule since the 1990s; however, it appears that there is not a majority of people who are in favor of such a move.

However, in September of 2004, a new law known as the Luftsicherheitsgesetz (Air Security Act) was enacted at the federal level. There was a period of time between September 24, 2004, and February 2005 during which there was an