Military Law at Panama
Military Law in Panama
Panama’s military law is shaped by the country’s unique history and its constitutional structure, particularly following the abolition of its national military forces in 1990. The Republic of Panama has a distinctive legal framework for the military, and the role of the armed forces is now restricted primarily to law enforcement, civil protection, and national security-related tasks. Here's an overview of military law in Panama:
1. Abolition of the Military
Panama abolished its standing military forces following the signing of the Panama Canal Treaty in 1977, which effectively ended the United States' military presence in the country. The Panama Canal Treaty set a framework for the return of the Panama Canal to Panamanian control by December 31, 1999, and stipulated that Panama would no longer maintain an active military force.
In 1990, after the U.S. invasion of Panama (Operation Just Cause), which led to the removal of General Manuel Noriega, the Panama Defense Forces (PDF) were formally dissolved by Panama's National Assembly. This action resulted in the cessation of military institutions in Panama.
2. Constitutional Framework
The Constitution of Panama (1972, with subsequent amendments) outlines the legal structure governing the country’s national defense, even in the absence of a traditional military force.
Key Constitutional Provisions:
Article 321: Defines that Panama shall not maintain a standing army. However, it allows for the formation of a Public Force which includes Police and Law Enforcement (National Police, Air and Maritime Police, etc.).
Article 322: Specifies that the Public Force exists to guarantee the security, order, and stability of the country. It also grants the state the right to call on civilian authorities (such as the police force) in defense matters.
Article 323: Notes that the role of the military or police is not to be involved in politics, and the Public Force should be under the command of civilian authorities, reinforcing the principle of civilian control over security forces.
While Panama does not have a standing military, the country still maintains a Public Force with roles similar to those of a military force, focused on maintaining internal security, public order, and enforcing the law.
3. The Public Force
The Public Force (Fuerza Pública) is the collective term for Panama’s law enforcement agencies that carry out functions traditionally reserved for the military in other nations. The Public Force is composed of several distinct branches:
National Police (Policía Nacional): The primary force for law enforcement, maintaining public order, and combating crime.
National Border Service (Servicio Nacional de Fronteras): Responsible for securing Panama's borders and preventing illegal immigration and trafficking.
Panama Air and Maritime Police (Policía Aérea y Marítima): Specialized in protecting Panama’s airspace and maritime borders.
Although the National Police is the most significant part of the Public Force, its role is purely focused on law enforcement and public safety, rather than military functions.
4. National Security and Defense
Although Panama does not have a formal military force, the Public Force does carry out certain defense and security duties. Panama still faces some security challenges related to drug trafficking and organized crime, especially in the context of its strategic location in Central America.
Panama’s Defense and Security Roles:
Counter-narcotics Operations: Panama plays a significant role in countering drug trafficking across the Panama Canal and along its borders.
Civil Protection and Emergency Response: The Public Force also handles disaster response, such as during hurricanes or other natural calamities.
Internal Security: The Public Force is responsible for maintaining law and order within Panama’s borders, though it does not have an official military capability.
Civilian Control:
President’s Authority: The President of Panama is the Commander-in-Chief of the Public Force, and all military or security operations, such as counter-terrorism or anti-drug operations, are conducted under civilian oversight.
5. Military Operations and Engagements
Panama has not maintained any formal military engagements since the dissolution of its national army. However, it still cooperates with other nations and international organizations in areas related to security, peacekeeping, and the maintenance of law and order.
International Cooperation:
Cooperation with the U.S.: Despite the absence of a standing military, Panama continues to engage in security cooperation with the United States, particularly in the areas of counter-narcotics and border security.
United Nations Peacekeeping: Panama has participated in international peacekeeping missions under the auspices of the United Nations (UN), contributing police forces rather than military personnel.
6. Military Law and Judicial Oversight
While Panama does not have a standing army, military law would still apply to any security forces engaged in military operations or peacekeeping under international law. However, Panama’s legal system primarily deals with military matters in the context of police or security services, rather than traditional military courts.
Military Judicial Processes:
Military Courts: Since Panama does not have a standing army, there are no military courts to try personnel under military law. Instead, any personnel from the Public Force who commit offenses are subject to regular criminal law and the Panamanian judicial system.
If any situation calls for disciplinary measures for members of the Public Force, it would typically be handled through civilian judicial processes rather than through a dedicated military judicial system.
7. Regional Security Issues and the Role of the U.S. Military
Panama is located in a key geopolitical position in Central America, and its security, particularly the Panama Canal, is of significant international importance. As such, Panama's security concerns are often addressed through partnerships and cooperation with international forces, particularly the U.S. military.
U.S. Military Presence: Although Panama does not maintain a military, the U.S. has historically had a strong interest in the country's security due to the Panama Canal. However, following the 1999 turnover of the Canal to Panama, the U.S. military presence has been largely reduced. Still, Panama and the U.S. cooperate on matters of security and defense, including anti-drug and anti-terrorism operations.
Security Cooperation: Panama participates in regional security initiatives, including those coordinated by Central American nations to combat transnational crime, drug trafficking, and terrorism.
8. Human Rights and Accountability
Even without a standing military, human rights protections and accountability for the Public Force remain a critical aspect of Panama’s security framework. Panama is a signatory to various international human rights treaties, and it works to ensure that members of its Public Force respect human rights in carrying out their duties.
The Panamanian Constitution mandates that:
The use of force by security forces is strictly regulated, and excessive force is prohibited.
Military-style operations by the Public Force, such as counter-narcotics operations, must respect due process and human rights standards.
9. Military Education and Training
Since Panama does not maintain a formal military, training for the Public Force (primarily the National Police) is conducted through various police academies and institutions.
Panama’s Police Academy trains officers in law enforcement techniques, security operations, and crisis management, emphasizing the legal and human rights framework within which the Public Force must operate.
The U.S. Southern Command and other international partners often provide training and technical assistance to Panama’s law enforcement and public security agencies.
Conclusion
Panama’s military law is unique due to the country’s decision to abolish its military forces in 1990. In place of a traditional military, Panama maintains a Public Force, which is responsible for national security, law enforcement, and maintaining public order. While the country has no standing military, it cooperates extensively with the U.S. military and other regional partners to address security challenges, such as counter-narcotics operations and disaster response. The Public Force is subject to civilian oversight, with the President serving as Commander-in-Chief. Panama's system of civilian control over security forces is designed to ensure that law enforcement and military functions are carried out within the framework of human rights and the rule of law.
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