The Domestic Operational Law (DOPLAW) Handbook for judge advocates is a product of the Center for Law and Military Operations (CLAMO). Its content is derived from statutes, Executive Orders and Directives, national policy, DoD Directives, joint publications, service regulations, field manuals, and lessons learned by judge advocates and other practitioners throughout federal and state government. This edition includes substantial revisions. It incorporates new guidance set forth in Department of Defense Directive 3025.18 (Defense Support of Civil Authorities), Department of Defense Instruction 3025.21 (Defense Support of Civilian Law Enforcement Agencies), numerous new National Planning Framework documents, and many other recently updated publications. It provides amplifying information on wildfire response, emergency mutual assistance compacts, the role of the National Guard and Army units in domestic response, and provides valuable lessons learned from major incidents such as the 2010 Deepwater Horizon oil spill and Hurricane Sandy of 2012.
This publication identifies multi-Service tactics, techniques, and procedures (MTTP) for Defense Support of Civil Authorities (DSCA) and Integrating with National Guard Civil Support. It sets forth MTTP at the tactical level to assist the military planner, commander, and individual Service forces in the employment of military resources in response to domestic emergencies in accordance with United States (US) law. This MTTP focuses on planning, preparation, execution, and assessment of DSCA operations conducted within the US and its territories.
This report on unconventional operational concepts and the homeland was prepared as part of the Defense Science Board 2007 Summer Study on Challenges to Military Operations in Support of National Interests. The summer study recognized that asymmetric tools of war in the hands of potential adversaries may well be employed using non-traditional concepts of operation. Moreover, the battlefield may no longer be limited to regions afar, but may include the U.S. homeland. The United States could well confront the possibility of going to war abroad in the face of significant devastation in the homeland—dividing forces between homeland catastrophe relief operations and combat abroad, or even facing the possibility that deploy and supply of U.S. military forces could be delayed and disrupted.
The Department of Defense has issued an instruction clarifying the rules for the involvement of military forces in civilian law enforcement. The instruction establishes “DoD policy, assigns responsibilities, and provides procedures for DoD support to Federal, State, tribal, and local civilian law enforcement agencies, including responses to civil disturbances within the United States.” The new instruction titled “Defense Support of Civilian Law Enforcement Agencies” was released at the end of February, replacing several older directives on military assistance to civilian law enforcement and civil disturbances. The instruction requires that senior DoD officials develop “procedures and issue appropriate direction as necessary for defense support of civilian law enforcement agencies in coordination with the General Counsel of the Department of Defense, and in consultation with the Attorney General of the United States”, including “tasking the DoD Components to plan for and to commit DoD resources in response to requests from civil authorities for [civil disturbance operations].” Military officials are to coordinate with “civilian law enforcement agencies on policies to further DoD cooperation with civilian law enforcement agencies” and the heads of the combatant commands are instructed to issue procedures for “establishing local contact points in subordinate commands for purposes of coordination with Federal, State, tribal, and local civilian law enforcement officials.”
This bilateral plan provides a framework for military forces of one nation to support military forces of the other nation that are providing military support of civil authorities. The focus of this document is the unique, bilateral military planning considerations required to align our respective national military plans to respond quickly to national requests for military support of civil authorities. Nothing in this plan prevents either nation from responding unilaterally; rather, this plan will facilitate unity of effort, if and when requests for bilateral support are received.
Natural or man-made disasters and special events can be so demanding that local, tribal) state and non-military federal responders are temporarily overwhelmed by the situation. The Department of Defense (DOD) has a long history of supporting civil authorities in the wake of catastrophic events. When directed by the President or the Secretary of Defense (SecDef), United States Northern Command (USNORTHCOM) will respond quickly and effectively to the requests of civil authorities to save livesj prevent human suffering, and mitigate great property damage. The Joint Strategic Capabilities Plan 2008 (JSCP) directs CDRUSNORTHCOM to prepare a plan to support the employment of Title 10 DOD forces providing Defense Support of Civil Authorities (DSCA) in accordance with (IAW) the National Response Framework (NRF), applicable federal law, DOD Directives (DODD), and other policy guidance including those hazards defined by the National Planning Scenarios that are not addressed by other JSCP tasked plans. DSCA is a subset of DOD civil support that is performed within the parameters of the NRF.
Providing support for domestic civilian law enforcement applies to the restricted use of military assets to support civilian law enforcement personnel within the United States and its territories. These operations are significantly different from operations outside the United States. Army forces support domestic civilian law enforcement agencies under constitutional and statutory restrictions, as prescribed by corresponding directives and regulations.
For the last two fiscal years, the President’s Budget Submissions for the Department of Defense have included purchases of a significant amount of combat equipment, including armored vehicles, helicopters and even artillery, under an obscure section of the FY2008 National Defense Authorization Act (NDAA) for the purposes of “homeland defense missions, domestic emergency responses, and providing military support to civil authorities.” Items purchased under the section include combat vehicles, tanks, helicopters, artillery, mortar systems, missiles, small arms and communications equipment. Justifications for the budget items indicate that many of the purchases are part of routine resupply and maintenance, yet in each case the procurement is cited as being “necessary for use by the active and reserve components of the Armed Forces for homeland defense missions, domestic emergency responses, and providing military support to civil authorities” under section 1815 of the FY2008 NDAA.
The Domestic Operational Law (DOPLAW) Handbook for Judge Advocates is a product of the Center for Law and Military Operations (CLAMO). Its content is derived from statutes, Executive Orders and Directives, national policy, DoD Directives, joint publications, service regulations and field manuals, and lessons learned by judge advocates and other practitioners throughout federal and state government. This edition includes a substantial revision of Chapter 3, it incorporates new guidance as set for forth Department of Defense Directive 3025.18, Defense Support of Civil Authorities (DSCA), it provides amplifying information on wildfire response, emergency mutual assistance compacts, the role of the National Guard and Army units such as Army North and Joint Task Force—Civil Support, and it discusses the 2010 Deepwater Horizon oil spill.
This report sets forth the statutes, Executive Branch documents, regulations, and Department of Defense (DoD) internal directives that define and govern Military Support to Civil Authorities (MSCA). The policies and responsibilities of the military departments and staff agencies of DoD are reviewed, as they have evolved from the early 1950s to the present. The events of September 11, 2001, have placed the MSCA function in the larger context of homeland security, and documents setting forth homeland security policy as it defines MSCA have been reviewed as well. This report also discusses DoD civilian and military responsibility for MSCA, and the states’ position regarding the National Guard’s role in support of civil authorities. Finally, this report evaluates the criteria for providing MSCA, and assesses how DoD compares this function with its warfighting mission.
The President is authorized by the Constitution and laws of the United States to employ the Armed Forces of the United States to suppress insurrections, rebellions, and domestic violence under various conditions and circumstances. Planning and preparedness by the Federal Government and the Department of Defense for civil disturbances are important due to the potential severity of the consequences of such events for the Nation and the population.
Recent unrest in London has sparked media interest in the U.S. military’s plans for civil unrest, including a report from the Atlantic on a little known document called CONPLAN 3502. With economies declining around the world and social unrest spreading throughout the Middle East and even into Western democracies, many wonder what would happen if this sort of unrest and violence were to spread to the United States. Would the response be measured and calm, respecting popular movements and upholding fundamental human rights, or would the response look something more like what is happening in Syria? To understand just what would happen in the event of widespread unrest in the United States, you must first familiarize yourself with CONPLAN 3502, the classified military plan for civil disturbances. A slide from a U.S. Northern Command presentation previously published by this site indicates that CONPLAN 3502 is one of several Contingency Plans (CONPLANs) for domestic U.S. military operations in the event of a disaster, terrorist attack or national security special event (NSSE). Several of the plans deal with Defense Support to Civil Authorities (DSCA) in times of disaster or crisis, including pandemic influenza outbreaks, nuclear and radiological events, as well as chemical weapons attacks. Though, CONPLAN 3502 is unique in that it deals exclusively with support operations conducted with local authorities during times of “civil disturbance”. Because CONPLAN 3502 is classified “Secret”, it has not been released to the public and little is known of its contents. However, through bits of information found in a number of relevant documents, a fairly coherent picture of military civil disturbance planning may be ascertained.
These template of the Standing Rules for the Use of Force developed by Army North (ARNORTH) and approved by Army Judge Advocate General (JAG) School for commands to follow. The first two templates apply to forces under federal control. The third template is an example State RUF card for National Guard personnel in a SAD or Title 32 status. These templates are taken from the “DoD Defense Support to Civil Authorities Handbook” which includes other information relating to military support operations related to civil disturbances.
The Domestic Operational Law (DOPLAW) Handbook for Judge Advocates is a product of the Center for Law and Military Operations (CLAMO). First published in April of 2001, it was the first of its kind. Designed as a resource for operational lawyers involved in domestic support operations, its publication was indeed timely. After the events of September 11, 2001, and more recently, Hurricanes Katrina in 2005 and Ike in 2008, the Handbook continued to meet a growing need for an understanding of the legal issues inherent in such operations. As with the original publication of the Handbook, this update would not have been possible without the tireless efforts of countless active, reserve, and National Guard judge advocates who participate in these unique operations on an ongoing basis.
This Manual assigns responsibilities, prescribes procedures, and provides guidance by which the Department of Defense responds to ALL HAZARDS in accordance with 42 U.S.C. 5121, et seq., as amended (hereafter referred to as the Stafford Act, reference (f)). Under the authority of the Civil Defense Act of 1950, 50 U.S.C. App. 2251, et seq., (reference (a)) and National Security Directive 66 (dated March 16, 1992) (reference (m)) this Manual supports the National civil defense policy and Federal and State civil defense programs in cooperation with the Federal Emergency Management Agency (FEMA).
Recent involvement by the U.S. military with hurricane relief and comments by the President on expanding the DOD’s role in disaster relief indicates increased missions for an already stretched military. The next national disaster facing the U.S. could be an influenza pandemic. The bird flu virus H5N1 currently threatening Asia and Europe can potentially mutate into a deadly human influenza pandemic with global consequences. The last major flu pandemic in 1918 killed 50 million people worldwide and 600,000 in the U.S. alone. The United States is not prepared for a human pandemic and the military will have a significant role in any national response. While some departmental level planning has been accomplished recently, interdepartmental coordination and clear identification of the lead federal agency is still lacking. This project explains possible effects of a pandemic on the U.S. and current responsibilities of federal departments involved in disaster relief. Analysis is presented on the evolving role the DOD plays should this event become reality and finally recommends preparations that should be accomplished to prepare the nation for this very real threat. An ad-hoc approach to a pandemic will have severe negative and far reaching affects on our nation and must be avoided.