Rules for the Use of Force in Military Law Enforcement and Security Duties Defense Institute of International Legal Studies Regional Defense Combating Terrorism Fellowship Program

Introduction: Module Objectives Guidance on Arming III. Guidance on Use of Force IV. Guidance on Deadly Force Participants will be able to describe when security personnel may be armed under U.S. rules Participants will be able to describe when security personnel may use force under U.S. rules Participants will be able to describe when security personnel may use deadly force under U.S. rules 2

Introduction Guidance on Arming III. Guidance on Use of Force IV. Guidance on Deadly Force I. Introduction Scope Law enforcement on military installations and over U.S. military personnel Security on military installations and for defense personnel and property 2

I. Introduction Mindset Combat: enemy declared hostile Guidance on Arming III. Guidance on Use of Force IV. Guidance on Deadly Force I. Introduction Mindset Combat: enemy declared hostile Law enforcement/security: limited force 2

I. Legal Framework National Law Secretary of Defense Directive Introduction Guidance on Arming III. Guidance on Use of Force IV. Guidance on Deadly Force National Law Secretary of Defense Directive Chairman Joint Chiefs of Staff Instruction Military Service Regulation or Instruction 2

II. General Guidance on Arming Personnel Introduction Guidance on Arming Personnel III. Guidance on Use of Force IV. Guidance on Deadly Force Regular Law Enforcement/Security Personnel shall be Armed occasional personnel may be armed Limited authority to authorize arming Disqualifying criteria 3

II. General Guidance on Arming Personnel Introduction Guidance on Arming Personnel III. Guidance on Use of Force IV. Guidance on Deadly Force Required annual training and testing Required safety locking device at home No alcohol or prescription drug use 3

III. General Guidance on Use of Force Introduction Guidance on Arming Personnel III. Guidance on Use of Force IV. Guidance on Deadly Force Carry out duties without force if possible Only use minimum force necessary Consider force options verbal persuasion unarmed defense techniques chemical aerosol irritant military police club 4

III. General Guidance on Use of Force Introduction Guidance on Arming Personnel III. Guidance on Use of Force IV. Guidance on Deadly Force military working dog presentation of deadly force capability deadly force Warning shots prohibited When possible verbally warn Remove gun from holster only if use is reasonably expected 4

Guidance on Deadly Force Shoot to stop Introduction Guidance on Arming Personnel III. Guidance on Use of Force IV. Guidance on Deadly Force Shoot to stop Shoot only with due regard for innocent bystanders Use deadly force only when: lesser means won’t work risk to innocent not significantly increased reasonably necessary to accomplish 1 of 7 purposes 5

IV. Guidance on Deadly Force (continued) Introduction Guidance on Arming Personnel III. Guidance on Use of Force IV. Guidance on Deadly Force …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; …to prevent the commission of a serious offense involving an imminent threat of death or serious bodily harm; 6

IV. Guidance on Deadly Force (continued) Introduction Guidance on Arming Personnel III. Guidance on Use of Force IV. Guidance on Deadly Force …to prevent theft or sabotage of an asset vital to national security; …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; 8

IV. Guidance on Deadly Force (continued) Introduction Guidance on Arming Personnel III. Guidance on Use of Force IV. Guidance on Deadly Force …to prevent the theft or sabotage of national critical infrastructure; …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; 10

IV. Guidance on Deadly Force (continued) Introduction Guidance on Arming Personnel III. Guidance on Use of Force IV. Guidance on Deadly Force …to prevent the escape of a prisoner who 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. 12

Rules for the Use of Force in Military Law Enforcement and Security Duties Defense Institute of International Legal Studies Regional Defense Combating Terrorism Fellowship Program