military police powers over the iraqi civilian population
Asked by: heshele1-ga
List Price: $2.00
13 Apr 2003 10:05 PDT
Expires: 13 May 2003 10:05 PDT
Question ID: 189963
may the us army arbitrarily exercize regular police powers arbitrarily over the iraqi civilian population??
Re: military police powers over the iraqi civilian population
Answered By: mosquitohawk-ga on 13 Apr 2003 11:10 PDT
Greetings heshele1, 10 U.S.C. § 401 of the U.S. Code provides that "...the Secretary of a military department may carry out humanitarian and civic assistance activities in conjunction with authorized military operations of the armed forces in a country if the Secretary concerned determines that the activities will promote...the security interests of both the United States and the country in which the activities are to be carried out..." I do not want to ignite a political argument about the matter, but I think this can code section can easily be construed to allow the United States military under the auspices of the Secretary of Defense or other military department Secretary may exercise regular police powers as "civic assistance" to promote the security of the United States and Iraq. As a side note: The US military forces are generally prohibited (10 U.S.C. § 375) in directly participating in civilian law enforcement (ie: arrest, seizure or search) unless otherwise authorized by law. This provision however, seems only to apply to law enforcement activities within the confines of the contiguous United States. 10 U.S.C. § 378 provides that "Nothing in this chapter shall be construed to limit the authority of the executive branch in the use of military personnel or equipment for civilian law enforcement purposes beyond that provided by law before December 1, 1981." You can search the U.S. Code from Cornell Law School's website: http://www.law.cornell.edu The full text of the above codification referring to the civic authority of the military can be found at http://www4.law.cornell.edu/uscode/10/401.html Hope this answer has been helpful to you. Best regards, mosquitohawk-ga
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