PRINCIPLES OF CIVIL DISTURBANCE CONTROL

LEARNING OBJECTIVE: Identify and explain the seven principles in successfully controlling a civil disturbance.

Past experience in civil disturbance control operations has identified seven principles of greatest value and broadest application in successfully controlling a civil disturbance. The principles have no order of priority of application. With one exception, the degree of importance of each varies according to the particular circumstances of a specific disorder. The exception is the principle of minimum force, which is applicable in full measure to each disturbance situation. Now let's look at the seven principles that apply to civil disturbance control.

THREAT AWARENESS

The successful and efficient employment of military forces is vitally dependent on timely and accurate information. Too often, however, the analysis of potential disturbances has been based on organization intentions, and activities of the leaders of the demonstration. In this respect, responses have been based on the perceived intentions and activities of the more vocal and militant but much smaller element, without proper consideration of the reaction of the numerous, more peaceful participants or onlookers to such a response. Additionally, equal attention must be given to an appraisal of how the affected community will respond to likely demonstrators' actions and to the reactions of control forces. If the control force reacts in a manner that alienates the people in the community, the intensity of the disturbance could be increased.

PROFESSIONAL IMAGERY

In many civil disturbance situations, the demonstrators and the control force are, in effect, competing for the sympathy of the general public. The demonstrators seek to increase participation in the disturbance; the control force seeks to prevent the involvement of the general public. The establishment of a favorable professional image by the control force that would weigh public sympathy in their favor is a great advantage. Conversely, an unfavorable or unpopular image would increase the control force's problems and contribute to the aims of the dissidents. A favorable control force image is established by skillful performance of duty, discipline, and courtesy.

COORDINATED PREPARATION

Many civil disturbances involve control forces from a variety of municipal, county, state, and federal law enforcement and military organizations. The success and efficiency of these diverse forces are dependent upon their working in harmony and mutual support towards common objectives.

OPERATIONAL UNITY

The employment of diverse control forces from different governmental jurisdictions poses distinct supervisory problems. Unlike conventional military operations under unified command, civil disturbance operations may have no single commander with the requisite authority to direct all control forces. Where unity of command cannot be achieved, cooperation should be sought through such means as assigning operational centers, integrating communications systems, and delineating organizational responsibilities.

PUBLIC ACCEPTANCE

Inherent in civil disturbances is the possibility that certain actions by the control force may not be accepted by the general public. This may cause uninvolved bystanders to support the demonstrators, thereby increasing the intensity of the demonstration. Recognizing these possibilities, control forces must avoid actions that tend to produce greater harm than benefit. The actions chosen to reduce the intensity of the situation require that consequences, both immediate and long-range, be considered to ensure that unnecessary actions offensive to the community are avoided.

NEUTRALITY

The objective of civil disturbance control is the restoration of law and order, not the imposition of punishment or the suppression of peaceful dissent. The conduct of the control forces must be emotionally objective and politically neutral, despite whatever personal feelings or political beliefs they hold as individuals. This outward display of objectivityneutrality is particularly important where the demonstrator's actions are expressly designed to provoke the type of personal, unlawful control force reaction that would create greater support for the demonstrators.

MINIMUM FORCE

The commitment of military forces to support civilian law enforcement agencies must be considered as a drastic last resort. Your involvement must be limited to that degree justified by necessity. Unlike combat operations where the use of overwhelming fire-power is desirable, civil disturbance control operations must be accomplished with minimum injury to persons or damage to property. The use of force must be restricted to the minimum degree consistent with mission accomplishment. The use of excessive or unnecessary force may subject the responsible person to civil and/or criminal liability and may serve to increase public sympathy for the demonstrators.

APPLICATION OF FORCE

LEARNING OBJECTIVES: State the paramount principle when using force during a civil disturbance. List three items that should be included when control force personnel are briefed Explain when nondeadly and deadly force may be used, and when deadly force is authorized. State eight policies regarding the use of deadly force.

The guidelines of the application of force, which follow, are designed specifically for operations during civil disturbances.

PARAMOUNT PRINCIPLE

Control force personnel must at all times use only the minimum force required to accomplish the mission. This principle should control both the selection of appropriate operational techniques and tactics and the choice of options for arming control force personnel. Therefore, the use of deadly force or any other type of physical force likely to cause death or serious bodily harm is authorized only under extreme circumstances where certain specific criteria are met. Currently, shotguns are the basic weapon for control force members in a civil disturbance area, but supervisors must ensure that only the weapons specified by the commanding officer are used.

BRIEFING OF PERSONNEL

All personnel, prior to participation in civil disturbance operations, should be briefed as to the specific mission of the unit; the rules governing the application of force as they apply to the specific situation; and the local situation, specifically addressing types of abuse that military personnel may be expected to receive and the proper response to these types of abuses.

USE OF NONDEADLY AND DEADLY FORCE

Control force squad leaders are authorized to use nondeadl y force to control a disturbance, to prevent crimes, and to apprehend or detain persons who have committed crimes. The degree of force used must be no greater than that reasonably necessary under the circumstances. The use of deadly force, however, in effect involves the power of summary execution and can therefore be justified only by extreme necessity. Accordingly, its use is not authorized for the purpose of preventing activities that do not pose a significant risk of death or serious bodily harm, such as curfew violations or looting. If a mission cannot be accomplished without the use of deadly force and deadly force is not permitted, accomplishment of the mission must be delayed until sufficient nondeadly force can be brought to bear.

AUTHORIZATION FOR DEADLY FORCE

The use of deadly force is authorized only when all three of the following circumstances are present:

^1. Lesser means have been exhausted or are unavailable.

2. The use of deadly force will not significantly increase the risk of death or serious bodily harm to innocent persons.

^3. Deadly force is justified under one or more of the following circumstances:

a. Self-defense and defense of others. When deadly force reasonably appears to be necessary to protect law enforcement or security personnel who reasonably believe themselves or others to be in imminent danger of death or serious bodily harm.

b. Assets involving national security. When deadly force reasonably appears necessary to prevent the actual theft or sabotage of assets vital to national security. DOD assets should be specifically designated as vital to national security only when their loss, damage or compromise would seriously jeopardize the national defense mission. Examples include nuclear weapons; nuclear command, control, and communications facilities; and designated restricted areas containing strategic operational assets, sensitive codes, or special access programs.

_c. Assets not involving national security but inherently dangerous to others. When deadly force reasonably appears to be necessary to prevent the actual theft or sabotage of resources, such as operable weapons or ammunition that when in the hands of an unauthorized individual, present a substantial potential danger of death or serious bodily harm. Examples include high-risk portable and lethal missiles, rockets, arms, ammunition, explosives, chemical agents, and special nuclear material.

d. Serious offenses against persons. When deadly force reasonably appears necessary to prevent the commission of a serious offense involving violence and threatening death or serious bodily harm. Examples are murder, armed robbery, and aggravated assault.

e. Arrest or apprehension.-When deadly force reasonably appears to be necessary to arrest, apprehend, or prevent the escape of a person who has committed an offense of the nature specified in paragraph b, c, and d above.

f. Escapes. - When deadly force has been specifically authorized by the Heads of the DOD components and reasonably appears to be necessary to prevent the escape of a prisoner, provided law enforcement or security personnel have probable cause to believe that the escaping prisoner poses a threat of serious bodily harm either to security personnel or others.

THE RIGHT OF SELF DEFENSE

Each person, under the law, has the right to use form that may be reasonably necessary to defend one's self against violent and dangerous personal attack. The limitations described in the previous paragraphs are not intended to infringe this right. However, a control force member is subject to a chain of command. And as such, the member must act in accord with orders issued and as a member of a unit. Therefore, unless the attack is directed at the member personally and is a threat to life, the control force member's response must be governed by the immediate supervisor. . .

VITAL FACILITIES

In each situation where Federal forces are committed, the installation commanding officers must determine which facilities within the area of operation constitute "vital facilities." Parameters must be established that justify the use of deadl y force in order to be protected. MAs assigned to security missions must know if a particular facility or activity is so vital to the health and safety of the public that the use of deadly force would be justified in the protection of the facility or activity.

POLICIES REGARDING THE USE OF DEADLY FORCE

In addition, the following policies regarding the use of deadly force should be observed:

l Iinstallation commanding officers may, at their discretion, delegate the authority to authorize the use of deadly force provided that the person to whom such delegation is made understands the constraints upon the use of deadly force.

l Even when its use is authorized, deadly force must be employed only with great selectivity and precision against the particular threat that justifies its use. For example, the receipt of sniper fire, however deadly, from an unknown location can never justify returning the fire against any or all persons who may be visible on the street or in nearby buildings. Such an indiscriminate response is far too likely to result in casualties among innocent bystanders or fellow control force personnel. The appropriate response is to take cover and attempt to locate the source of the fire, so that the threat can be neutralized.

l When possible, the use of deadly force should be preceded by a clear warning to the individual or group that the use of such force is contemplated or imminent.

l Warning shots are not to be employed. Such firing constitutes a hazard to innocent persons and can create the mistaken impression on the part of citizens or fellow control force personnel that sniping is widespread.

l Control force personnel should never carry unloaded firearms. But remember, command control arrangements should be specifically designed to facilitate careful control of deadly weapons. Control force leaders must be clearly instructed about their personal obligation to withhold permission for use of deadly force until circumstances indicate a high probability that deadly force will be imminently necessary.

l Control force members will, at all times, exercise positive control over the use of weapons. Individual MAs will be instructed not to fire a weapon except when authorized by a control team leader. However, if you are not under the direct control of a team leader, use deadly force only when justified.

l When a weapon is fired it will be fired with the intent to render the person incapable of continuing the activity that caused the control force member to shoot.

l The safety of innocent bystanders should always be taken into account before shots are fired.