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Military manual JP 3-28 Page 106 of 164 text: pdf

JP 3-28, page 106

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 106 of JP 3-28
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Appendix C C-2 JP 3-28 g. DOD units under USCG control and conducting law enforcement support operations or maritime HS support operations will follow the USCG use of force policy, Commandant Instruction (COMDTINST) M16247.1, US Coast Guard Maritime Law Enforcement Manual (MLEM), for employing warning shots and disabling fire and follow the SROE/SRUF and/or mission-specific use-of-force rules for all other purposes. However, DOD forces under USCG control retain the right of self-defense. h. When DOD forces under DOD control operate in coordination with other federal agencies, the applicable RUF will be coordinated with the on-scene federal agency personnel. i. CCDRs may augment these SRUF, as necessary, by submitting requests for mission-specific RUF to the CJCS, for approval by SecDef (IAW CJCSI 3121.01, [U] Standing Rules of Engagement and Standing Rules for the Use of Force for US Forces). j. There may be a difference between the Title 10, USC, SRUF and the RUF for each state’s NG forces. The state RUF may be more or less restrictive than the SRUF. DOD Title 10, USC, forces will comply with the DOD SRUF. k. The separate states and territories promulgate separate RUF. Commanders in a Title 32, USC, or state active duty status must ensure that, prior to conducting any domestic operation, all personnel are briefed on the applicable RUF. NG RUF were developed to support domestic operations and are constrained or limited by federal, state, and local laws. There are no preexisting, overall, stand-alone RUF for domestic disaster relief. Staff officers and military leaders need to understand the legal, policy, and practical limitations for use. 3. Procedures Normally, force is to be used only as a last resort and should be the minimum necessary. The use of force must be reasonable in intensity, duration, and magnitude based on the totality of the circumstances to counter the threat. If force is required, nonlethal force is authorized and may be used to control a situation and accomplish the mission or to provide self-defense of DOD forces, defense of non-DOD persons in the vicinity if directly related to the assigned mission, or in defense of the protected property, when doing so is reasonable under the circumstances. Lethal force is authorized only when all lesser means have failed or cannot reasonably be employed and the circumstances otherwise justify the use of lethal force. a. General direction regarding the appropriate use of force comes from a construct known as the use of force continuum. The use of force continuum is generally seamless and does not require movement from one level to the next in sequential order. The use of force continuum can be divided into five broad categories related to the objectives of the military units providing support and the behavior of subject audience: warn/control, deny/obstruct/impede, disorient/distract, disable/incapacitate, and cause death/serious injury.