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Military manual JP 3-28 Page 105 of 164 text: pdf

JP 3-28, page 105

Defense Support of Civil Authorities

Joint Publication: Defense Support of Civil Authorities

29 October 2018 public edition (Wayback JCS copy; S2 cited as JP 328 / JP 3-28 DSCA)

Page 105 of JP 3-28
Searchable page text (OCR / PDF)
C-1 APPENDIX C STANDING RULES FOR THE USE OF FORCE FOR UNITED STATES ARMED FORCES 1. Purpose US military forces may be required to assist civil authorities, which may require the use of force. The participation of the military in such scenarios is fraught with legal and political pitfalls that warrant clear and specific guidance on the use of force. Third parties may seek to exacerbate a situation for their own purposes by provoking an excessive use of force. The purpose of this appendix is to reference fundamental policies and procedures governing the SRUF by DOD forces during DSCA missions. These RUF do not apply to NG forces in state active duty and Title 32, USC, status. DODD 5210.56, Arming and the Use of Force, also applies. 2. Guidance a. CJCSI 3121.01, (U) Standing Rules of Engagement and Standing Rules for the Use of Force for US Forces, establishes fundamental policies and procedures governing the actions to be taken by US commanders and their forces during all DOD DSCA operations and routine military department functions occurring within the US territory or US territorial seas. SRUF also apply to land HD missions occurring within US territory on federal property only. b. SecDef approves and the CJCS promulgates standing rules of engagement (SROE) and SRUF for US forces. The Joint Staff J-3 [Operations Directorate], in coordination with OSD, maintains the SROE/SRUF. Commanders at all levels establish ROE/RUF for mission accomplishment that comply with the ROE/RUF of senior commanders, the law of war, applicable international and domestic law, and the CJCS SROE/SRUF. It is critical that commanders consult with their command judge advocates when establishing ROE/RUF. c. Unless otherwise directed by a unit commander (IAW CJCSI 3121.01), military personnel have the right, under law, to use force that is reasonably necessary under the circumstances to defend themselves against violent, dangerous, or life-threatening personal attack. In addition, military personnel are authorized to use force to discharge certain duties. d. Nothing in this appendix alters or limits military commanders’ inherent right and obligation to exercise unit self-defense in response to a hostile act or demonstrated hostile intent. Unit self-defense includes the defense of other DOD forces in the vicinity. e. Commanders at all levels are to train their personnel to understand and properly utilize the SRUF. In this regard, it is critical that legal advisors be available to assist in this training and to advise commanders at all levels of the applicable rules. f. When DOD forces are detailed to other federal agencies, mission-specific RUF will be used. These RUF must be approved by SecDef and the federal agency concerned.