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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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