1 Maritime Law Enforcement. 2 INTRODUCTION Naval Forces as economic & effective law enforcement...
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Transcript of 1 Maritime Law Enforcement. 2 INTRODUCTION Naval Forces as economic & effective law enforcement...
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Maritime Law Enforcement
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INTRODUCTION
• Naval Forces as economic & effective law enforcement units
• Risk of Excessive Use of Force Avoided by– law enforcement agency control– thorough training– oversight by civil executive, legislative &
judicial branches
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JURISDICTION & AUTHORITY• Naval Forces Must Have:– international jurisdiction over the vessel
or aircraft in question• depends upon nationality, location, status &
activity
– domestic legal authority to conduct law enforcement operations
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ELEMENTS OF JURISDICTION
• Location
• Nationality of vessel
• Nationality of person
• Type of offense
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BASES FOR JURISDICTION TO PRESCRIBE
• Territorial– Objective
• Nationality
• Passive Personality
• Protective
• Universal
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JURISDICTION AS TO PLACE
• Over Own Flagged Vessels Located Anywhere– however, enforcement not undertaken
in other state’s national waters w/o consent as a matter of policy
• Domestic Law Defines Which Vessels are Considered “Own”
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JURISDICTION OVER FOREIGN FLAG VESSELS
• Within Own National Waters– if reasonable grounds that vessel is
violating own laws
• Within Own Contiguous Zone, Exclusive Economic Zone, Over Continental Shelf– only for certain laws
• Exception: Sovereign Immune Vessels
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HOT PURSUIT OF FOREIGN FLAG VESSELS
• Must Begin in National Waters, Contiguous Zone, EEZ, or Over Continental Shelf
–for violating own laws applicable to those waters; after order to stop
• Must Be Continuous
• May Not Extend Into National Waters
of Another State
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JURISDICTION OVER STATELESS VESSELS
• Not Legitimately Registered in Any
• Are Subject to Jurisdiction of All
• Other Vessels Can Be Regarded As Stateless– certain factors are considered
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APPROACH & VISIT• Authorized Vessels & Aircraft May: – Verify Vessel Nationality– Stop, Board Vessel, & Examine Documents• if reasonable suspicion of certain international
crimes or stateless• AND if not sovereign immune
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CONSENSUAL BOARDING• Authorized Vessels & Aircraft May
Request Permission from Master of a Vessel
• Examination is Limited By Consent
• No Enforcement Authority
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CONSENT OF FLAG NATION• Special Arrangement on Case by Case
Basis Through Diplomatic Channels
• International Agreements on Blanket Basis Authorizing– boarding, or– boarding & enforcement of flag nation’s
laws or warship nation’s laws
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BOARDING PROCEDURES• Preliminary Questions– basis for decision to visit
• Boarding Team– composition
• Once Aboard– initial security sweep– review of ship’s papers– inspect or search as appropriate
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DOMESTIC LEGAL AUTHORITY
• Agency/Courts
• Offense
• Person
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U.S. COUNTER-DRUG LAW
• Applies to: – any person aboard a vessel subject to
U.S. jurisdiction– US citizens/resident aliens aboard any
vessel
• Vessel Subject to U.S. Jurisdiction– 6 different categories
• Prohibits Manufacture, Distribution or Possession w/ Intent
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U.S. COAST GUARD MARITIME LAW ENFORCEMENT AUTHORITY• Primary Maritime Law Enforcement
Agency
• Lead Agency for Maritime Drug Interdiction
• Authority to Inquire, Inspect, Search, Seize, Arrest for Violations of U.S. Law
• E-4 and Above Have Arrest Authority & Are Designated Customs Agents
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INTERAGENCY COORDINATION• Standing U.S. Procedure for
Interagency Coordination– concerning non-military incidents
which could adversely impact foreign relations
• State Dept & Other Concerned Agencies Notified
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U.S. DOD MARITIME LAW
ENFORCEMENT MISSION • U.S. Law & Policy Prohibits DoD From
Enforcing U.S. Law– potential exception for outside U.S. – exception for indirect Involvement or
assistance if furthering military function– certain U.S. laws provide other exceptions
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U.S. DOD MARITIME LAW ENFORCEMENT MISSION
• U.S. Laws Authorizing DoD Limited Counterdrug Missions– lead agency for detecting & monitoring air
and maritime transit of drugs into U.S.– train & advise law enforcement officers in
the operation of loaned equipment–maintain and operate DoD equipment to
intercept & communicate w/ vessels and aircraft outside U.S.
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U.S. DOD MARITIME LAW ENFORCEMENT MISSION
• U.S. Laws Authorizing DoD Limited Counterdrug Missions– Operate communications equipment
being used for law enforcement operations
– Transport law enforcement personnel– operate base of operations
A narco-submarine seized in Ecuador in July 2010
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U.S. DOD MARITIME LAW ENFORCEMENT MISSION
• U.S. Laws Authorizing DoD Limited Counterdrug Missions– provide information acquired during
military training and operations–make equipment & facilities available to
law enforcement authorities• embark USCG Law Enforcement
Detachments
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USE OF FORCE POLICY• Resort to Using Force May Be
Necessary to Enforce the Law– regulations should state authority– personnel should be trained– law enforcement Use of Force Policy
different from Military ROE
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USE OF FORCE POLICY• Force Generally Authorized:– for self-defense & defense of others– to prevent a crime– to effect a lawful arrest– to protect property– to compel compliance with lawful order
• Use Only Minimum Force Necessary
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USE OF FORCE POLICY• Deadly Force Generally Authorized
When Other Person:– has means to inflict death or serious
bodily injury,– has opportunity to do so; and– has the immediate, present intention to
do so.
• No Duty to Retreat
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USE OF FORCE POLICY• Warning Shots and Disabling Fire– policy should be specific & standard– decision reserved to senior officers– jurisdiction over suspect vessel must
be confirmed– alternative means of stopping vessel
should normally be attempted first– force limited to stopping vessel
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