Editing Civilian (section)

==Civilians in domestic law==

Most nations clearly distinguish military authorities from the civil administration via the national constitution; or else in statute law where no codified constitution exists. This usually serves to place control of military forces under the presiding civilian government. "Civilian" is often not defined explicitly but is a "negative definition" where anyone who is not designated as military personnel is (by default) a civilian. In keeping with IHL, this offers no intermediary status.<ref>{{cite web |title=Preach What You Practice: The Separation of Military and Police Roles in the Americas |url=https://www.wola.org/sites/default/files/downloadable/Regional%20Security/2010/preachwhatyoupractice.pdf |website=wola.org |publisher=Washington Office on Latin America |access-date=15 November 2021 |date=November 2010}}</ref>

Involvement and jurisdiction of the armed forces in civil affairs varies from nation to nation.

In France and Italy, the [[National Gendarmerie]] and [[Carabinieri]] are military agencies permanently tasked to supporting domestic civilian law-enforcement, usually focussed on serious organised crime and counter-terrorism. Until 2008, the South African [[Commando System (South Africa)|Commando System]] (a volunteer militia within the South African Army) assisted the Police Service in rural areas until they were replaced by specialised Police units. Section 201 of the South African constitution allows military forces to assist Police only with Presidential approval.<ref>{{cite web |title=South African Constitution, Chapter 11 |url=https://justice.gov.za/legislation/constitution/chp11.html |website=South African Justice Department |access-date=15 November 2021}}</ref>

The British military does not intervene in law enforcement matters other than by exceptional ministerial approval. During the 1980 [[Iranian Embassy Siege]], the [[Metropolitan Police]] were able to request military support and the Prime Minister approved deployment of the [[Special Air Service|SAS]]. Unarmed military personnel routinely deploy in support for natural disasters, bomb disposal, etc. under [[Military aid to the civil authorities|MACA]].<ref>{{cite web |title=Military Aid to the Civil Authorities for activities in the UK |url=https://www.gov.uk/government/publications/2015-to-2020-government-policy-military-aid-to-the-civil-authorities-for-activities-in-the-uk/2015-to-2020-government-policy-military-aid-to-the-civil-authorities-for-activities-in-the-uk |website=gov.uk |publisher=Ministry of Defence |access-date=15 November 2021 |date=4 August 2016  |archive-url=https://web.archive.org/web/20210812165526/https://www.gov.uk/government/publications/2015-to-2020-government-policy-military-aid-to-the-civil-authorities-for-activities-in-the-uk/2015-to-2020-government-policy-military-aid-to-the-civil-authorities-for-activities-in-the-uk |archive-date=12 August 2021}}</ref><ref>{{cite web |title=Requests for Military Aid to the Civil Authorities (MACA) from the NHS in England |url=https://www.england.nhs.uk/publication/requests-for-military-aid-to-the-civil-authorities/ |website=NHS England |publisher=NHS England |access-date=15 November 2021 |archive-url=https://web.archive.org/web/20210117195008/https://www.england.nhs.uk/publication/requests-for-military-aid-to-the-civil-authorities/ |archive-date=17 January 2021 |date=27 July 2017}}</ref> In 1969 the British Army was deployed to Northern Ireland under [[Operation Banner]] to support the [[Royal Ulster Constabulary|local police]] in the wake of rioting. This deployment inflamed local tensions, with the Provisional IRA launching a guerilla campaign from 1970 to 1997, during which time controversial actions such as [[Operation Demetrius]] took place, as well as atrocities such as the [[Bloody Sunday (1972)|Bloody Sunday massacre]]. Operation Banner ultimately lasted 37 years, formally ending in 2007 and becoming the British Armed Forces' longest continuous operation. The many problems faced (and arguably caused by) Operation Banner have been influential in policy-making and the reluctance to deploy military forces domestically in anything other than exceptional circumstances (usually relating to serious terrorist threats).

By contrast, [[Basic Law for the Federal Republic of Germany#Role of the military|German law]] prohibits entirely the peacetime intervention of military forces within Germany in armed roles. Military personnel may only be deployed in unarmed roles such as disaster relief. This was found to be deeply restrictive during the 1972 [[Munich massacre]] when army snipers could not be deployed to assist Munich Police. [[GSG 9]] was later formed within the [[Federal Police (Germany)|Bundesgrenzschutz]] to provide an armed tactical capability within the civilian law enforcement structure.<ref>{{cite web |title=GSG 9 – To protect the Fatherland |url=https://special-ops.org/gsg-9-grenzschutzgruppe-9/ |website=Spec Ops Magazine |publisher=Spec Ops Magazine |access-date=15 November 2021 |date=22 September 2013}}</ref>

In the US, the 1878 [[Posse Comitatus Act]] forbids the use of the US Army for law enforcement purposes without the approval of Congress. A 2013 directive clarified that this included the Navy, Air Force and Marine Corp. In practice there are many nuances to this. The most notable being that the [[United States Coast Guard|US Coast Guard]] operates under the U.S. Department of Homeland Security during peacetime but can be transferred to the U.S. Department of the Navy and rendered "military" during times of war. The [[National Guard (United States)|US National Guard]] are organised at a State level and under mixed control. Under Title 32, State Governors may deploy National Guard personnel in support of civilian law enforcement - Posse Comitatus would only apply to personnel activated under Title 10 and operating under federal control.<ref>{{cite web |title=32 U.S. Code Title 32— NATIONAL GUARD |url=https://www.law.cornell.edu/uscode/text/32 |website=www.law.cornell.edu |publisher=Cornell Law School |access-date=15 November 2021 |archive-url=https://web.archive.org/web/20211020104758/https://www.law.cornell.edu/uscode/text/32 |archive-date=20 October 2021}}</ref><ref>{{cite web |title=Department of Defense Directive 5525.5 |url=https://irp.fas.org/doddir/dod/d5525_5.pdf |access-date=15 November 2021 |date=15 January 1986}}</ref><ref>{{cite web |title=Department of Defense Instruction 3025.21 |url=https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/302521p.pdf |website=Washington Headquarters Services |publisher=Washington Headquarters Services |access-date=15 November 2021 |date=27 February 2013}}</ref>