Maritime Law Enforcement: Jurisdiction, Authority, and Use of Naval Forces

1. Maritime Law Enforcement

2. 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

3. 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

4. ELEMENTS OF JURISDICTION • Location • Nationality of vessel • Nationality of person • Type of offense

5. BASES FOR JURISDICTION TO PRESCRIBE • Territorial • Objective • Nationality • Passive Personality • Protective • Universal

6. 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”

7. 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

8. 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

9. 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

10. 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

11. CONSENSUAL BOARDING • Authorized Vessels & Aircraft May Request Permission from Master of a Vessel • Examination is Limited By Consent • No Enforcement Authority

12. 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

13. 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

14. DOMESTIC LEGAL AUTHORITY • Agency/Courts • Offense • Person

15. 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

16. 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

17. 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

18. 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

19. 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.

20. 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

21. 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

22. 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

23. 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

24. 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

25. 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