The proposed legislation comes amid continuing controversy in Poland triggered by the detention of three soldiers earlier this month for allegedly discharging their weapons illegally while serving on the border.
The soldiers, allegedly, fired warning shots at migrants, but their detention and their treatment attracted criticism, with the opposition, in particular, savaging the government over its handling of the incident.
The incident also highlighted the apparent lack of legal clarity surrounding the consequences of violent interactions between troops armed with firearms and civilians.
Explicit provisions are to be added to the Law on Homeland Defense, allowing the use of the Armed Forces in peacetime when state security is threatened.
A new article will be added to the Criminal Code to exempt soldiers from responsibility for using weapons during peacetime military operations in Poland.
“The deteriorating security situation necessitates that the Armed Forces are used increasingly for operational, reconnaissance, and deterrence purposes,” the Defense Minister said. “Therefore, soldiers should be equipped with personal weapons during these operations and, more importantly, have the authority to use direct coercive measures, weapons, and other armaments if necessary.”
Use of weapons during peacetime
The proposed provisions state that individuals who use weapons for official purposes, or order their use, even if violating the rules on direct coercive measures, will not be subject to punishment.
This also applies if a soldier or officer uses a weapon after issuing a warning to put down a weapon, explosive, or other dangerous object.
Additionally, if a soldier is prosecuted for exceeding their authority, the new regulations guarantee them a public defender, provided by an attorney or counselor. Provisions also include reimbursement for legal costs.
The draft is not only concerned with regulating the use of the military against civilians in peacetime. It also grants new powers to the Border Guard, including the use of “water incapacitating agents” against individuals unlawfully crossing the border.
Public support
The bill is currently awaiting adoption by the Council of Ministers, but appears to have public backing.
An IBRiS poll conducted by the Polish newspaper ‘Rzeczpospolita’ found that the majority of respondents answered ‘yes’ to the question: “Should soldiers of the Polish Army stationed on the eastern border use weapons in case of attempts of forceful border crossing by migrants?”
The results showed that 85.7% of respondents answered affirmatively, with 57.8% expressing full agreement and 27.9% saying they mildly agree.
