MARITIME INTERNATIONAL LAW PART 28

LAW ENFORCEMENT ACTIONS

EDITOR'S NOTE: SOME HOW WE ACCIDENTALLY POSTED PART 29 OF THIS SERIES BETWEEN PARTS 27 AND 26. You can simply scroll down to find part 29. Today we publish part 28 for the first time. We apologize for the error. Everything is in proper sequential order in the evolving E book linked to below. If you are joining us late, you can read the entire series there in order of planned publication anytime. 

To read the entire series so far in order of occurrence click here:   http://americanadmiraltybooks2.blogspot.com/p/the-enduring-principals-of-maritime.html

   LAW ENFORCEMENT ACTIONS:

 LAw enforcement actions particularly under U.S. Coast Guard authority are subject to more severe limitations on the use of deadly force than those found under the Law of Armed Conflict. The Coast Guard Commandant's use of force policy guides Coast Guard and naval units on which Coast Guardsmen may be embarked in such operations. The Coast Guard Commandant's Use of Force Policy precludes firing at anyone who has not shown a weapon and the hostile intent to use it. The policy forbids firing at fleeing felons who have not used deadly force. Contrast this with the Law of Armed Conflict which allows pursuit and fire upon fleeing enemy forces unless or until they turn to surrender. The Commandant's Use of Force policy anticipates that Coast Guard law enforcement patrols may be subject to armed attack by military or paramilitary forces. The Commandant's policy incorporates the Law of Armed Conflict for such engagements. Upon the judgement of the senior commissioned officer present that an attack is by military or paramilitary forces, the Coast Guard personnel may repel such an attack in conformance with the Law of Armed Conflict. The most important change this shift would make in terms of Coast Guard tactics is that any opposing force member could be fired upon without sighting a weapon. Even suspected positions could be fired upon if fire would not carry to a prohibited target and the tactic is not prohibited by any relevant local  Rules of Engagement.

 Unfortunately, many Coast Guard patrol elements have no commissioned officer present. It is doubtful that anyone would prosecute a senior petty officer who adopted more aggressive tactics to repel an attack that came with military-like force. However, such a petty officer, without a ruling by a commissioned officer that the attack is military in or paramilitary in character would be ill advised to pursue, cut off, and ambush such attackers as allowed under the Law of Armed Conflict. Such a Coast Guard petty officer could pursue, cut off, confront, and attempt to arrest such attackers returning fire if fired upon or threatened with a weapon.

TO BE CONTINUED: NEXT, MORE DETAILED RULES ON THE LAW OF ARMED CONFLICT