The Norwegian Armed Forces support to the Police

If requested, the Armed Forces may provide support to the Police. Support from the Armed Forces is regulated by special instruction⁷⁰. The instruction establishes conditions for the Armed Forces assistance to the Police, and provides the Armed Forces and the Police with guidelines for procedures, collaboration and requests for assistance.

The instruction ensures that decisions on assistance from the Armed Forces to the Police can be taken as quickly as possible in crisis. All decisions regarding request for, and granting of, assistance are taken by government agencies, usually by NJHQ and in the relevant police district or by the National Police Directorate. The Chief of Police in the relevant district considers the need for support from the Armed Forces. The responsible Chief of Police assesses which capabilities it is most

70 The Royal Decree of June 16, 2017 on the Instruction for the Norwegian Armed Forces’ assistance to the Police.

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appropriate to employ in any given situation. The Ministries exercise reactive control.

Society need for rapid response will be guiding for both the Police and the Armed Forces in the face of incidents, plots and accidents that threaten the life and health of the population or critical societal interests. The Police are responsible for resolving their tasks using their own resources. In situations where their own resources are considered to be inadequate or are not available, the Police should as soon as possible consider requesting assistance from the Armed Forces according to the rules established in this instruction. At the request of the Police, the Armed Forces should provide assistance as far as possible, without it being at the expense of pressing military tasks that are more important than those to which the request applies. The Armed Forces may set operational conditions for the support.

Personnel in the Police and the Armed Forces are obliged to arrange for, and contribute to, assistance being provided as quickly and efficiently as the situation requires.

5.5.1 Relationship to Section 101 of the Constitution

Section 101, third paragraph, of the Constitution establishes restrictions to the use of military power against citizens of the State. If military force is to be used, it must have authority in law or it must be applied against types of rebellion that cannot be stopped by other means. This provision basically affects all direct use of military personnel in the exercise of power, even if they are unarmed.

In this context, the order of command is of no importance. In accordance with the wording and intentions of the Constitution , the primary aim of the provision is to limit the executive branch’s access to the use of military force outside of the Storting’s control. The Armed Forces assistance to the Police is embedded in law through the provision in the Police Act (section 27a) and the Constitution’s requirement to legal authority for the Armed Forces use of force against citizens with assistance of the Police, are thus safeguarded.

5.5.2 Procedures for request for assistance A request for assistance may be presented in writing by the Chief of Police, the National Police

Directorate or the Police Security Service to NJHQ, which informs of its decision to the requesting agency. In specific cases, duplicates of the request and decision are to be sent immediately to the Ministry of Justice and Public Security (MOJ) and MOD, which exercise general executive prerogative.

In critical situations, a request for assistance may be presented and decided verbally, and confirmed in writing.

Early warning of a possible need for such assistance is essential in order to start the necessary preparations and reduce the response time. Therefore, the Armed Forces and the Police have a mutual obligation to establish immediate dialogue as soon as there arises a situation that may necessitate assistance from the Armed Forces.

5.5.3 The Role of the Norwegian Police and the Norwegian Armed Forces in Terror Readiness

The terrorist attacks of July 22, 2011, and the political follow-up on national emergency preparedness, have clarified the responsibilities and roles of the Armed Forces and Police in the national terrorism readiness and the need for the Armed Forces to be prepared to assist the Police and other civilian authorities.

The Police have the responsibility for preventing and fighting crime, including terrorism, through national justice policy measures and international police cooperation⁷¹. This means that the Police have primary responsibility for preventing, averting and combating terrorist acts in peacetime, crisis and armed conflict.

In turn, the Armed Forces have the primary responsibility for asserting norwegian sovereignty and sovereign rights, and for defending the country from external attacks (national security).

There may be gliding transitions between terrorism as a form of crime, and terrorist attacks that are of such a nature as to cause them to be regarded as armed attacks on the nation in accordance with the UN pact. The Police are primarily responsible for preventing and fighting terrorism. The Armed Forces are responsible for dealing with an armed

71 The Police Act of August 4,1995 section 2.

PHOTO: Kystvakten / Sjøforsvaret / Forsvarets Mediesenter

attack on Norway. The Government determines whether a terrorist attack is to be considered an armed attack. The Armed Forces also have an independent responsibility for dealing with situations whereby a civilian aircraft, through its pattern of operation, raises suspicion that it may be used as a weapon in a terrorist attack. Such situations are time-critical, and only the Armed Forces possess the capabilities to deal with these threats.

5.5.4 The Norwegian Armed Forces support to the Police in terrorist attacks Although responsibility for the prevention and fight against crime lies with the Police, the Armed Forces have an important supporting role in accordance with the prerequisites and principles outlined in the assistance instruction.

Some of the Armed Forces capabilities are

particularly relevant and are specifically trained and equipped to assist the Police in a terrorist situation.

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The Norwegian Special Operations Command and the Armed Forces helicopter services have dedicated missions and readiness, which means that the Police need for assistance is to a certain extent determining for the organization, equipping, manning and training of these capabilities. This also applies to some extent for submarines, Coast Guard and the Home Guard.

The Special Operations Command was established in 1982 with a special mission to be prepared to assist the Police in the event of counter-terrorism operations at sea. If requested, the division can also assist the Police with terrorist incidents on land. At Rygge, two Bell 412 helicopters remain on permanent emergency standby with rapid reaction times, and these can provide both general- and emergency assistance to the Police. At Bardufoss, there are two helicopters on standby, which, if requested, can provide general assistance to the Police.