10-2. The HA operations present a different set of challenges to US military forces. While civilian and military authorities exercise PRC, they may not know the magnitude of the situation requiring HA. In addition, US forces may be tasked to perform HA operations in numerous and complex environments. As with MP support to PRC operations, the MP commander has a clear understanding of the operational environment, the ROE, and legal considerations before setting up an I/R facility to support HA operations.

10-4. After the US force commander confirms the operational environment, he determines the types and numbers of forces required to meet the mission. The operational environment also determines the ROE to be used within the AO. The more permissive the environment, the more predictable the outcome of the mission. The HA operational environments are categorized as permissive, uncertain, and hostile. The distinction between HA conducted in a permissive environment versus a hostile environment is clear. Failure to make this distinction results in inadequate planning and unrealistic expectations.

A commonality of purpose for all parties.

A quantifiable problem (often a single, natural disaster).

Clear objectives (providing support until normalcy returns).

HN cooperation.

Multiple conflicting parties.

Imminent danger to all parties.

Relief as a weapon manipulated by combatants for political gain.

10-10. The ROE development for forces participating in HA operations is essential to mission success and is characterized by restraint. The levels of force, tactics, and weaponry are evaluated and addressed. For multinational operations, all participating military forces establish common HA ROE to provide consistency within the force. Individual nations using separate ROE respond differently to the same situation. The following precepts are essential to the ROE for US military forces:

The right of self-defense is never prohibited. The two elements of self-defense are necessity and proportionality.

A unit commander defends against a hostile act or intent. A hostile act must occur or a hostile intent must be apparent. The use of force must be reasonable in intensity, duration, and magnitude to ensure the safety of forces.

10-12. The JFC must be aware of existing international agreements that may limit the flexibility of the HA mission. Existing agreements may not be shaped to support HA operations. Military HA commanders dealing with HNs and IOs should anticipate the difficulties that international agreements can impose on HA operations.

10-13. Normally, the law of land warfare does not apply to HA operations. However, it is used in conjunction with the Geneva and Hague Conventions, protocols, and custom laws that may provide guidance to the JFC. Commanders, unless otherwise directed by competent authorities, comply with the principles and spirit of the law of land warfare during HA operations. Mission imperatives and tasks must have a sound legal basis, and commanders ensure that personnel conform to internationally accepted standards of behavior and actions—especially as they relate to the humane treatment of civilians, the respect for private property, and the use of force.

10-15. The MP support to HA operations begins before the unit arrives in the TO or is tasked with the mission. The I/R facility commander has a thorough understanding of the legal considerations and the concept of operations, including how they apply to the MP mission. If time permits, the I/R facility commander contacts the JFC G5/S5, SJA, CA, and other organizations that may have a role in HA operations. The CA forces can provide expertise on factors that affect HA operations, such as—

The availability of HN agencies and the status of infrastructure.

Ethnic differences and resentments.

Social structures (family and regional).

Religious and symbolic systems (beliefs and behaviors).

Political structures (distribution of power).

Economic systems (sources and distribution of wealth).

Links among social, religious, political, and economic dynamics.

The cultural history of the area.

Attitudes toward US military forces.

Location.

Construction.

Setup.

Processing.

Screening.

ID.

Clothing and equipment.

Subsistence.

Dining facilities.

Medical and sanitation.

Self-government.

Control and discipline.

Administration.

L&O.

ROI.

Transportation.

Disposition.

The local climate.

The anticipated permanency of the facility.

The number of facilities to be constructed.

Local materials available.

Military resources and assistance available.

The number of civilians.

The diversity of the population.

Resources available.

The need for a reactionary force.

Guidance from higher headquarters, CA, and the HN.

The need for temporary storage.

The duration of the operation.

The number of animals to be housed.

The number of vehicles.

10-21. While DC processing procedures in Chapter 9 provide a foundation, I/R facility personnel must be aware of unique aspects when conducting HA operations. Military personnel normally provide training and support, and HN authorities do the actual processing. The number and type of processing stations vary from operation to operation. Table 10-1 shows stations that are required for HA operations.

10-23. Conduct pat-down searches to ensure that weapons are not introduced into the compound. Conduct same-gender searches when possible, and do not conduct strip searches. Speed and security considerations may require mixed-gender searches. If so, perform them in a respectful manner, using all possible measures to prevent any action that could be interpreted as sexual molestation or assault. The on-site supervisor carefully controls soldiers doing mixed-gender searches to prevent allegations of sexual misconduct.

Verify rosters against the actual population.

Provide timely reunification of family members.

Match civilians with their medical records in case of a medical emergency or evacuation.

Check identities of civilians against the transfer roster.

Ensure that their purpose is conveyed and emphasized to the civilian population.

Respect cultural beliefs such as religious tenets and shrines. The INS, international support groups, community leaders, CA, and HN authorities are good sources for information regarding cultural sensitivities.

Treat civilians and their possessions with respect.

10-32. Self-government leaders can help solve problems before they become major events. The infrastructure of self-government promotes a stable environment where rapport is built between the facility commander, the civilian leadership, and the civilian population. This, in turn, reduces tension and provides an effective means of communicating reliable information to the facility population.

10-33. Civilians can submit complaints and requests to the I/R facility commander via—

An elected civilian internment committee.

A written complaint.

A visiting representative of the UNHRC or a similar agency.

10-35. Discipline and control also apply to I/R facility personnel. They—

Observe rigorous self-discipline.

Maintain a professional, impersonal attitude.

Follow the ROI and the ROE.

Cope with hostile or unruly behavior and incidents calmly.

Take fair, immediate, decisive action.

Enforce policies and procedures.

Give reasonable orders decisively and in a language that residents understand.

Post facility rules, regulations, instructions, notices, orders, and announcements that residents are expected to obey in an easily accessed area. Ensure that the information is printed in a language that residents understand, and provide a copy to residents who do not have access to posted copies.

Ensure that residents obey orders, rules, and directives.

Report residents who refuse or fail to obey an order or a regulation.

Do not fraternize with residents.

Do not donate or receive gifts or engage in any commercial activity with residents.

10-38. Problems might stem from civilians' state of mind. The difficulties they experienced may affect their acceptance of authority. They may have little initiative or may be uncooperative because of an uncertain future. They may be angry because of their losses, or they may resort to looting and general lawlessness because of their condition. The I/R facility commander can minimize difficulties through careful administration and—

Maintaining different national and cultural groups in separate facilities or sections.

Keeping families together.

Separating unaccompanied males, females, and children under the age of 18 (based on HN laws as to when a child becomes an adult).

Allowing civilians to speak freely to facility officials.

Involving civilians in facility administration, work, and recreation.

Establishing quick contact with agencies for aid and family reunification.

Do not restrict their movement except when necessary for public health and order.

Allow them to enjoy their fundamental rights.

Treat them as persons whose plight requires special understanding and sympathy. Provide necessary assistance, and do not subject them to cruel, inhumane, or degrading treatment.

Do not discriminate because of race, religion, political opinion, nationality, or country of origin.

Recognize that they are persons before the law who enjoy free access to the courts of law and other competent administrative authorities.

Provide them with necessities (food, shelter, and basic sanitary and health facilities).

Maintain family units when possible.

Provide assistance for tracing relatives.

Protect minors and unaccompanied children.

Allow them to send and receive mail.

Permit material assistance from friends and relatives.

Arrange for the registration of births, deaths, and marriages if possible.

Grant them the means necessary to obtain a satisfactory, durable solution.

Permit them to transfer assets to the country where they obtain a durable solution.

Take steps to facilitate voluntary repatriation.

Provide humane treatment and protect them against violence, intimidation, insults, and public curiosity.

10-41. Another tool for effective administration is using liaison personnel. Liaison involves coordination with all interested agencies. The US government and military authorities, allied liaison officers, and representatives of local governments and international agencies can provide assistance.

10-43. Some other sources for security officers include local police forces, HN paramilitary and military forces, and the facility population. Police personnel within the population can supplement security teams or constitute a facility police force if necessary. Internal and external patrols are necessary; however, ensure that security does not give the impression that the facility is a prison. Base patrol areas and distribution plans on the size of the facility and the number of civilians in each subdivision. Before apprehending a civilian, the commander coordinates with SJA and HN authorities to determine his jurisdiction and authority. He determines the disposition and the status of the subject and the disposition of the case paperwork, evidence (including crime lab analysis results), and recovered property. The commander also obtains information on items, procedures, and agreements unique to the supported HN.

10-44. Be prepared to perform civil-disturbance operations to restore L&O if HN reactionary forces are unavailable. Identify a reactionary force that can be immediately deployed and employed inside the facility to control a disturbance. The size of the reactionary force depends on the facility population and the available military forces. The reactionary force is well trained, well organized, and knowledgeable of applicable ROE, the use-of-force policy, and the use of NLWs and civil-disturbance measures. (See Appendix B and FM 19-15 for more information.)

10-45. Basic guidelines and the foundation for I/R facility L&O are provided in FMs 19-10 and 19-20. The I/R facility commander tailors the forms and procedures to his specific mission.

Avoid discussing politics or other policies with civilians.

Avoid making promises. If cornered, reply with, "I will see what I can do."

Refrain from making obscene gestures because civilians may understand the meaning.

Avoid making derogatory remarks. Local linguists understand English and civilians might.

Treat civilians equally. They may become offended if they do not receive the same treatment or resources others receive.

Respect religious articles and materials.

Treat medical problems seriously.

Treat civilians with respect.

Greet civilians in their own language.

Clear phrases that civilians teach to soldiers through a linguist to ensure that they do not contain obscene language.

10-51. The DOD components develop appropriate contingency plans for disaster assistance and ensure coordination with the appropriate federal, state, and local civil authorities. When a disaster is so serious that waiting for instructions from higher authority causes unwarranted delays, a military commander can take action under DOD Directive 3025.1. The directive authorizes military forces to respond immediately to save lives, prevent human suffering, and mitigate great property damage. This support cannot exceed 72 hours without DOD approval. The commander promptly reports the action to higher authority and requests guidance if continued support is necessary or beyond his capability.

10-52. The AC and USAR forces used in disaster relief are under the command of their military superiors. Other military participation and the use of military resources occur on a mission-by-mission basis and end at the earliest practicable time. Commanders ensure that personnel participating in domestic assistance are not in violation of the Posse Comitatus Act. This act prohibits the use of federal military personnel to enforce federal, state, or local laws unless expressly authorized by the Constitution or by an act of Congress. The act does not apply to state national guard (NG) forces unless they have been federalized. When placed on state active duty, NG forces (Army and Air) are under the C ² of state authorities, not federal forces.

10-53. Measures to ensure the continuity of operations, troop survival, and the rehabilitation of essential military bases take precedence over military support of local communities. Consider requests for support on a mission-by-mission basis. With the exception of support directed in response to a nationally declared emergency, the military commander decides the necessity, amount, duration, and employment method of support rendered.

10-54. When committing USAR units or individual reservists to disaster relief operations, ensure that—

The President's reserve call-up allows CONUS deployment of USAR troops.

The commitment of USAR volunteers is consistent with Army policy for military assistance and is coordinated with the proper Corps of Engineer district or division to avoid duplication of effort. (The authority to commit USAR volunteers can be delegated no lower than CONUS Army.)

Civil authorities make a firm commitment to repay active-duty tour (ADT) costs.

State and local assets (including the NG) are committed if the requested assistance is within their capabilities.

Does not order members to participate.

Approves voluntary participation only when time or conditions do not permit seeking guidance from higher headquarters.

Ensures that state and local assets are fully committed if the requested assistance is within their capabilities.

Provides support on a mission-by-mission basis.

Discontinues support when adequate state and local assets become available.

10-57. Protecting life and property within the territorial jurisdiction of a community is the primary responsibility of state and local governments and civil authorities. Federal armed forces can be employed when—

The situation is beyond state and local capabilities.

State and local authorities do not take appropriate action.

To protect the US populace, government, and industry.

For resource management and stabilization of the economy during emergencies.

10-62. The MP support to ES in CONUS varies significantly from other I/R operations. The basic difference is that local and state governments and the federal government and its agencies have a greater impact and role in supporting and meeting the needs of an affected community. In CMO for disaster relief, MP receive missions from the FEMA through the DOMS and the chain of command. The MP commander uses the MDMP to determine the specific tasks necessary to accomplish the mission. Using the same format as used in HA operations, the commander modifies and tailors the tasks as necessary.

10-63. If tasked to set up and operate an I/R facility, the MP commander retains control of military forces under his command. Depending on the situation, overall control of the facility may or may not be maintained by FEMA or the DOJ. Coordinate the location of the I/R facility with local authorities. The city chief of police, mayor, or ES director may have already selected a site that has easy access, is located on high ground, or is adjacent to other services.

10-64. The I/R facility commander may or may not be able to depend on local labor to help set up the facility. The victims' state of mind and their physical conditions may prevent them from participating in construction efforts. However, assistance may not be required if the Engineer Corps uses the TCMS to build shelters or if other shelters are available. Discuss the facility's setup with local, state, and federal relief agencies. Although the basic setup for HA operations may be adequate, the I/R facility commander can modify the setup to meet local needs. As a minimum, the facility should have stations for processing, medical screening, and distribution of personal-hygiene items.

10-65. Screening, classification, and ID requirements may not be needed in CONUS ES operations. Discuss these capabilities with local authorities to determine the need for them. As with HA operations, clothing requirements may exceed supply. This will be the case during destructive disasters such as tornadoes, fires, and hurricanes. Coordinate clothing, subsistence, medical, and dining-facility requirements with local, state, and federal relief agencies responding to the disaster.

10-66. Since the Posse Comitatus Act prohibits MP from enforcing civilian laws, local, state, and federal law enforcement officials perform discipline, control, and L&O of the facility. The MP can be used in conjunction with local, state, and federal law enforcement officials; but they cannot be directly involved in law enforcement functions such as search, seizure, and arrest. A facility staff member who observes a violation of criminal law reports the incident to civilian law enforcement officials. The ROI, if applicable, are provided by the JFC.

10-68. The DOD components support or participate in foreign disaster relief operations when the DOS determines that disaster relief will be provided to the requesting country. Military commanders at the immediate scene of a foreign disaster may provide prompt relief operations to preserve lives and prevent injuries when time is of the essence and when humanitarian considerations make it advisable. Commanders taking such action immediately report operations according to the provisions of DOD Directive 5100.46.

10-69. The Assistant Secretary of Defense (ASD) for Democracy and Peacekeeping is the approval authority for committing DOD resources or services to foreign disaster relief operations. The DASD for H&RA (Global Affairs) is the DOD coordinator for foreign disaster relief operations. The Logistics Directorate (J4) is the joint staff's POC for the DOD Foreign Disaster Relief and Humanitarian Assistance Program.

10-70. The ASD for International Security Affairs approves DOD supplies and services for disaster and humanitarian purposes. He provides supplies and services from the most expedient source, which is normally the geographic command from whose theater the request emanates.

10-71. The geographic CINC assumes the primary coordinating role for providing DOD supplies and services. The military departments and the joint staff support the designated commander of a unified command as required, primarily by coordinating interdepartmental approval and funding processes through the DASD for H&RA (Global Affairs).

10-72. When a request emanates from a country not assigned to a geographic CINC under the Unified Command Plan, the joint staff or the J4 assumes the primary coordinating role in conjunction with the DASD for H&RA. Requests for DOD assistance are received from the DOS or the USAID through the OFDA.

Organizes and coordinates the US disaster relief response.

Responds to requests for disaster assistance.

Initiates procurement of supplies, services, and transportation.

Preserve life and minimize suffering by providing sufficient warning of natural events that cause disasters.

Preserve life and minimize suffering by responding to natural and man-made disasters.

Foster self-sufficiency among disaster-prone nations by helping them achieve some measure of preparedness.

Alleviate suffering by providing rapid, appropriate responses to requests for aid.

Enhance recovery through rehabilitation programs.

10-76. The USAID has operational links and grants relationships with many NGOs and IOs that have relief programs outside the US. These include the ICRC, the IFRC, the UNICEF, and the WFP. The USAID also coordinates with other governments responding to disasters through donor country coordination meetings to solve operational and political problems. The USAID can deploy a disaster assistance response team (DART) into the AOR to manage US relief efforts.

10-78. The activities of a DART vary depending on the type, size, and complexity of the disaster. The DARTs coordinate with the affected country, other assisting countries, NGOs, IOs, and US military assets deployed to the disaster. During rapid-onset disasters, DARTs—

Coordinate the needs assessment.

Recommend US government response actions.

Manage US government on-site relief activities.

Gather information on the disaster situation.

Monitor the effectiveness of current US government-funded relief activities.

Review proposals of relief activities for future funding.

Recommend follow-on strategies and actions to the OFDA.

Management . It includes the oversight of DART activities, NGOs, IOs, other assisting countries, and the US military. It also involves the development and implementation of plans to meet strategic objectives.

Operations . It includes all operational activities carried out by a DART, such as search, rescue, and aerial operations; technical support; and medical response. This function is most active during rapid-onset disasters.

Planning . It includes collecting, evaluating, tracking, and disseminating information on the disaster. It also includes reviewing activities, recommending future actions, and developing operational (tactical) plans.

Logistics . It includes providing support to the OFDA and DARTs by managing supplies, equipment, and services and by ordering, receiving, distributing, and tracking people and US government-provided relief supplies.

Administration . It includes the management of contracts, the procurement of goods and services required by the OFDA and DARTs, and the fiscal activities of DARTs.

10-81. Before the DART departs, the team leader contacts the USAID or the US Embassy (if present in the affected country) to discuss the situation; review the structure, size, objectives, and capabilities of the DART; and identify the areas of support needed by the DART. Upon arriving in the affected country, he reports to the senior US official or the appropriate country official to discuss DART objectives and capabilities and to receive additional instructions and authority.

10-82. While in the affected country, the team leader advises the USAID or the US Embassy and receives periodic instructions from the agency. The DART follows instructions unless they conflict with OFDA policies, authorities, and procedures. Throughout the operation, the team leader maintains direct LOC with the OFDA.

10-83. The USAID or the US Embassy and the OFDA determine the duration of a DART operation after reviewing the disaster situation and the progress in meeting operational objectives. The DART is a highly flexible, mobile organization that is capable of adjusting its size and mission to satisfy the changing needs of the disaster situation.

10-84. A DART normally tailors its capabilities to the particular situation. It assesses the damage to the civil infrastructure, helps operate temporary shelters, and manages a CMO center. The CA units serve as liaison between military and local relief organizations, NGOs, IOs, and DARTs.