On Friday afternoon, the Prime Minister, the Commander-in-Chief and the National Police Chief will meet to discuss how the Armed Forces could assist in the fight against the wave of violence.
But the opportunities for that are limited, says Carina Lamont, international law lawyer at the Norwegian Defense University.
– It is the police toolbox that can be used, and in order for the Armed Forces to be mandated to use these, a change in the law is needed, she says.
In recent weeks, gang-related violence has increased dramatically, and innocent people have fallen victim to the shootings.
During Thursday evening, Prime Minister Ulf Kristersson (M) therefore gave a speech to the nation. There he announced, among other things, that he would summon the commander-in-chief and the national police chief to discuss how the Armed Forces could assist the Police Agency’s work against gang crime, a meeting that will take place on Friday afternoon.
But according to Carina Lamont, international law lawyer at the Norwegian Defense University, the possibilities for that, at least with current legislation, are limited.
– The existing legislation applies to the Armed Forces’ support in the event of a terrorist crime. This means that you have to classify what is happening right now as terrorism if you want to take advantage of those opportunities, she says.
“Should be under the command of a policeman”
The support regulation is called the law that gives the Swedish Armed Forces the authority to support civil society with appropriate measures. It could therefore be about the military helping with logistics and transport, but also different types of competence enhancement around, for example, explosives, explains Carina Lamont.
– The military has the task of protecting the state’s survival in war, which is a different mission than the police, which is about maintaining order and security during peacetime, she says.
And what the military and the police are allowed to do is therefore different.
– The armed forces have no executive powers to work operationally in peacetime, but then they must be under the command of policemen.
Requires legislative change
The condition for the Armed Forces to assist is that the support does not risk including the use of violence or coercion. And in order for military personnel to be able to assist tangibly in the police work against “ordinary” crime, a change in the law is therefore required, says Carina Lamont.
– It is the police toolbox that may be used, and in order for the Armed Forces to be mandated to provide operational support in police missions, other than in relation to terrorism, a change in the law is needed.
The question is, however, whether such a change is appropriate. This is primarily because of the differences between military and police violence.
– Military violence and police violence are two different things with different purposes and different consequences that operate on completely different scales, so it is important to distinguish between military use of force and military support for police use of force, says Carina Lamont.
– That military actors can support the police in police functions is, however, something completely different from allowing “military violence against civilians”.