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Chapter 6 6-2 ATP 3-39.10 24 August 2021
minimal force necessary to de-escalate and control a situation. In operational environments that are between major conflict and instability, the ability to gain control of a potentially violent event, establish order, and disperse the population without resorting to a significant application of force can make a significant impact. Successful efforts to establish order with minimal use of force to ease the transition from instability toward stable peace and enable the establishment of effective governance under the rule of law.
Efforts to transition to the rule of law must start as soon as stability tasks begin, often simultaneously with large-scale combat operations. First, security conditions that support policing, judicial, and corrections systems for fair and equitable treatment of citizens by the HN government must be established and political conditions initiated. This is often easier said than accomplished. Many nations simply do not have the underpinnings of the rule of law to understand and implement the system; they require coaching, mentoring, training, and support along a continuum toward peaceful existence. Additionally, if efforts in combat operations do not include shaping the area for stability, criminals, insurgents, and organized crimes will control the population and develop a government, making rule-of-law plan efforts exponentially more difficult. Citizens must have the right to ownership, fair treatment by policing and judicial systems, and corrections systems that enforce compliance with the law in a manner that is equitable and uniformly fair to everyone.
Military police forces are well suited for providing HN assistance and training for principally two of the three legs of the rule of law—the policing and corrections aspects. Military police units must cultivate relationships with HN police and local officials in the operational area, if they exist, early in the operation to maximize efficiencies later during the transition period. Military police must also coordinate and work with interagency and multinational partners on the efforts to transition to the rule of law. This process provides valuable police intelligence that aids the unit in planning and recommending courses of action to assist in establishing the rule of law.
Military police support to transition to the rule of law is helping establish and train local police officers in basic to advanced law enforcement skills, operating police stations, and conducting police intelligence operations. Military police units can assist with developing requests for law enforcement equipment and sustainment items necessary for local law enforcement. Military police units can provide joint patrolling and can operate the police station, mentoring HN personnel until the HN is capable of independent operations. Military police detention units can assist with establishing corrections operations in a reopened or temporary facility. They can train the guard forces and prison operations staffs to properly operate a facility. These activities encourage the local population to perceive that law-abiding citizens are treated fairly and equitably and that laws are equally and uniformly applied to all citizens. Citizens must understand that they are not unlawfully detained or imprisoned. They must be confident that the unlawful activity of others are policed and punished. S UPPORT TO B ORDER C ONTROL AND B OUNDARY S ECURITY
Military police Soldiers are periodically tasked to support border operations along U.S. borders to support the United States Border Patrol and/or the U.S. customs and border protection mission. The support provided includes technical equipment (such as thermal imagery, night vision, and infrared detection) and the operation of the equipment to help with the detection of personnel illegally entering the United States. Except where noted the Posse Comitatus Act prohibits Regular Army and Army Reserve Soldiers from enforcing civil law; they may only respond to defend themselves or other personnel from imminent danger. Nonfederalized National Guard military police performing missions that are under the control of their respective state governors are not prohibited from this by the Posse Comitatus Act. Upon mobilization (federalization), National Guard Soldiers are restricted under the Posse Comitatus Act.
Military police may be required to support border entry control points or to patrol specified international border areas. This operation can be conducted in support of efforts to control the borders by U.S. military forces during contingency operations, in support of HN border control organizations as border operations transition to HN control, or in support of a stable HN government and associated border control organizations. Border control operations are conducted for many reasons, to include— Maintaining security at border crossing sites and along national boundaries. Controlling movement of the local population (on both sides of the border). |