MILITARY ASSISTANCE & CIVIL DISTURBANCES: LOS ANGELES RIOTS CASE
A. Identification of the Appropriate Military Response to Civil Disturbances Based on Doctrine and Which Organization Should Accomplish This Response. United States armed forces have traditionally been available to provide military assistance to civilian authorities (MACDIS or MACA) in restoring law and order in domestic civil disturbances. However, under Department of Defense (DOD) Directive Number 3025.12, 4 Feb 1994 (1994 Directive) and its 1991 predecessor, the armed forces renders MACDIS only as a last resort where its "use . . . is necessary to prevent the loss of life or wanton destruction of property, or to restore governmental functioning and public order" and when "duly constituted local authorities are unable to control the situation" (sec. 4.2.2.1). Sec. 4.1.3 provides that "the primary responsibility for protecting life and property and maintaining law and order in the civilian community is vested in the State and local governments".
Scheips (n.d.) notes the traditional "need for minimum force whenever federal forces responded to civil unrest" (p. 42). Secs. 4.7.2.1 and 4.7.2.2 of DOD Directive Number 3025.15, 18 February, 1997 (1997 Directive) clarify that the Secretary of Defense (SecDef) must approve authority for any request "involving lethal support" or "for assistance with potential for confrontation with civilians." MACDIS is governed by rules of engagement approved by the DOD General Counsel and the Attorney General (AG). Sec. 4.2.7 of the 1994 Directive provides that "the DOD Components shall not take charge of any function of civil government unless absolutely necessary under conditions of extreme emergency."
Normally only the President may authorize the employment of active duty military forces in domestic civil disturbances through the issuance of an executive order based on requests from lower level local, state or federal authori...