Hybrid warfare is at its highest stage

– It was a vote for Polish security, it was a vote for the security of Polish soldiers and officers – said the Minister of National Defence Władysław Kosiniak-Kamysz in the Sejm.

On July 27, the Sejm adopted a package of changes to the laws on uniformed services. The full name is: “Act on amending certain laws in order to improve the activities of the Armed Forces of the Republic of Poland, the Police and the Border Guard in the event of a threat to state security.”

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The new act regulates a number of issues related to the army and other uniformed services.

– A whole series of specific regulations that provide greater certainty of action, which equate various services with the army in both directions in terms of the possibility of using various means – said Tomasz Siemoniak, Minister of Internal Affairs and Administration.

The Act concerns, among other things, the use of weapons and means of direct coercion, as well as legal assistance for uniformed services if necessary. It also regulates the principles of possible detention of soldiers by the Military Police and allows for the launch of “a military operation conducted on the territory of the Republic of Poland in times of peace”.

– Hybrid warfare has been at its highest stage since it began against the Republic of Poland. Acts of sabotage, diversion, everything that is happening on the border and in cyberspace, encourages us to take such and no other solutions – noted Władysław Kosiniak-Kamysz.

The president will decide on conducting a military operation in peacetime at the request of the government. The operation will be able to last a maximum of 30 days, but the Sejm will be able to consent to its multiple extensions.

The regulations indicate several circumstances in which the use of direct coercion or weapons – even in violation of the rules – will not be a crime if – as we read in the act – “circumstances require immediate action”.

– This act gives them (soldiers – editor's note) a greater chance to use weapons in the principles specified by the regulations. It gives a much greater sense of security – said Władysław Kosiniak-Kamysz.

The regulations refer to repelling an attack on the border, an attack on a uniformed officer or another person, “counteracting actions directly aimed at an attack on life or health”, as well as “countering a person who does not obey a call to immediately abandon weapons” or other dangerous tools and materials or who tries to take weapons from an authorized person.

– Uniformed services, soldiers, officers will be able to use them more safely when they have to, in self-defense or, above all, in defense of the state and border. They will be able to use weapons in a critical situation, for example – informed Prime Minister Donald Tusk in June at the stage of parliamentary work on the act.

– Every use of a weapon in an immediate response to a threat to life is not like someone will shoot themselves. First, there is a warning shot, warning that I can use this weapon – said General Mieczysław Bieniek, former NATO deputy strategic commander for transformation.

The passages concerning the use of weapons and direct coercion were controversial from the beginning. Numerous non-governmental organizations spoke out against the provisions.

– It is probably the only such bad solution, if we compare European Union countries, there is no other example of this type, because it introduces de facto impunity for the use of weapons, direct coercion measures – pointed out Dr. Hanna Machińska from the Faculty of Law of the University of Warsaw.

Politicians from the ruling coalition assure that the regulations do not give anyone impunity.

– It will be clearer how to proceed in situations when doubts of interpretation arise, when it is not entirely clear whether the use of weapons was correct or not. Each such situation will be explained – said Jan Grabiec, MP of the Civic Coalition.

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The law also guarantees soldiers legal assistance if needed or reimbursement of the costs of such assistance. A soldier will not have to prove that he cannot afford a lawyer.

The regulations also mention the detention of soldiers by the Military Police during the performance of official duties, which “may be used as a last resort, unless it is necessary to detain a soldier in the act.” The provision is praised by the military.

– The method of detaining soldiers has been specified so that it is adequate to the situation – assessed Mieczysław Bieniek.

On June 6, Private Mateusz Sitek died of a knife wound on the Polish-Belarusian border. The soldier's death sparked a wide discussion on the need to change the regulations concerning the defense of the border.

The bill will now go to the president's desk. The Minister of National Defense is appealing for its signing as soon as possible.