Separation of military and police roles
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The separation of military and police roles is the concept by which the military and law enforcement perform distinct duties and do not interfere with each other's areas of responsibility. The military’s role generally involves national defense and combat operations, while law enforcement focuses on enforcing domestic law. Neither is trained specifically to do the other's job. Military and law enforcement generally differ in areas such as source of authority, training in use of force, training in investigation and prosecution, and training in enforcing laws and ensuring civil liberties.[1]: 3
Even "gray area" threats, such as drug trafficking, organized crime, or terrorism, often require investigative skills, adherence to legal procedures, and coordination with prosecutorial and judicial authorities, which are areas of specialization for law enforcement officers. Military personnel, in contrast, are trained to defend national territory from foreign military threats, and their equipment and training focus on combat operations rather than law enforcement procedures. The presence of a heavily armed military standing in for the law enforcement personnel may reassure anxious civilians or not, but it should at best be partial and short-term.[1]: 26
In the United States, the 1878 Posse Comitatus Act place limits on (but does not absolutely forbid[1]: 4 ) the federal government in dispatching federal military personnel and federalized National Guard forces to enforce domestic policies.
There are instances of the military being called into action (such as during national emergencies caused by natural disasters or civil disorders) and efficiently saving lives and restoring order, such as the 1992 Los Angeles riots and Hurricane Katrina. On the other hand, there have also been instances where the use of military in a domestic role has gone wrong, such as the Kent State shootings.[1]: 4
The Military Cooperation with Civilian Law Enforcement Agencies Act is a United States federal law enacted in 1981 that allows the United States Armed Forces to cooperate with domestic and foreign law enforcement agencies. Operations in support of law enforcement include assistance in counterdrug operations, assistance for civil disturbances, special security operations, counter-terrorism, explosive ordnance disposal (EOD), and similar activities. Constitutional and statutory restrictions and corresponding directives and regulations limit the type of support provided in this area. The legislation allows the U.S. military to give law enforcement agencies access to its military bases and its military equipment.[2]
An increased militarization of the police has been observed, most notably through the 1990 establishment and growth of the Law Enforcement Support Office, or LESO, under the administration of George H. W. Bush. This legally mandates the transfer of excess DoD property to law enforcement agencies. Established under the broad guidelines of fighting drugs, it has enabled police officers to use military weapons, equipment, and vehicles in almost any cases.[3]
France
France pioneered and then spread the use of the military throughout Europe, becoming widespread.[citation needed] It still exists today, only being used to police rural areas and is called Gendarmerie.[citation needed]
Since Charlie Hebdo shootings military became common place under the Vigipirate plan that allowed the deployment of 3000 soldiers at first up to 11 000 to conduct patrols in French Streets against terrorist attacks.[citation needed] Notably against the designated islamist threat.[citation needed]
Belgium
In Belgium, a plan called Operation Vigilant Guardian since the Charlie Hebdo shooting the mission is planned to end by 2021.