The anticipation of conducting a military operation in the country during peacetime and regulations on the usage of weapons by soldiers are the most crucial changes in the law, which are intended to improve the operation of uniformed services against the threat of State security. The details of the task were discussed by Deputy Prime Minister Władysław Kosiniak-Kamysz in the Sejm.
On Wednesday, the first government reading took place in the Sejm draft amendment of certain laws to improve the activities of the Armed Forces The Republic of Poland, the Police and the Border defender in case of a threat to the safety of the state. The task introduces, among others, the word “military operation carried out in the territory of the Republic of Poland during peace” to the Law on Defence of Homeland. He besides grants the power to soldiers operating in peace to usage means of direct coercion, weapons and another weapons in circumstantial cases, inter alia, to defy a direct and unlawful assassination, wellness or freedom of a soldier or another person. The task besides involves extending the legal protection of soldiers.
The task was founded by the Parliamentary talker Władysław Kosiniak-Kamysz, Deputy Prime Minister, Minister of National Defence. “The issue of safety for our government is simply a priority. There is nothing more crucial than border security, sovereignty, independency of the homeland, our present and our future. The bill aims to increase our resilience, the elements of deterrence – Kosiniak-Kamish started the speech. Justifying the intent of the changes in law, the Deputy Prime Minister spoke of an increasingly hard situation on the east border of the country. “Today we are dealing with hordes of bandits who attack the Polish border and effort to attack Polish soldiers and officers,” explained Władysław Kosiniak-Kamysz. – Their aim is not to get asylum. Their goal is to attack officers. They're prepared and trained. This is the highest level of hybrid war directed in Poland – the Deputy Prime Minister assessed.
According to the Minister of Defence, the number of informing shots fired since the start of the migration crisis can be evidenced by the expanding threat at the border. – In 2021, 886 alarm shots were given, in 2022 – 468, in 2023 – 320, and by June of that year the officers had already given 1390 alarm shots," said the head of the Defence Ministry. He besides compared the number of attempts to illegally cross the border. According to the data presented by Kosiniak-Kamish, in 2021 there were 39 1000 specified attempts, in 2022 – 15 thousand, in 2023 – 25 thousand, and by 20 June this year – almost 20 thousand. The Deputy Prime Minister pointed out that the government had already taken respective decisions to strengthen Poland's security. A peculiar task force was besides created at the border. “It was headed by Cezary Tomczyk, Deputy Minister of Defence, and Czesław Mroczek, Deputy Minister of Interior and Administration,” Kosiniak-Kamysz said. He added that to the border (in the vicinity of Dubicz Church) experienced soldiers were directed – commandos from the 6th Airborne Brigade and 25th Air Cavalry Brigade.
The Deputy Prime Minister explained that the bill, which went to the session of the Sejm, included proposals for synchronisation of police, border guards and troops, provisions allowing the usage of water cannons by soldiers. He besides announced changes in character conducted at the border of operations, changes in the equipment of individual soldiers, redirecting more soldiers and equipment to the border and changes in the medical safety of soldiers. Kosiniak-Kamysz added that the bill eliminates the legal gap, introducing the concept of hybrid war into the regulations. As the head of the MON explained, there was a time of war and a time of peace, but – legally speaking – there was no time between these events. And present we are surviving in specified a time. This gap must so be filled. It must be possible to usage the army in a well-defined operation, on the basis of a proposal from the Council of Ministers to the President, who takes decisions on the matter," explained the head of the MON. “This is why the first point of the Act is about the anticipation of conducting (in peacetime) a military operation in the Republic of Poland, in accordance with the model of military quotas, which operate in operations outside the borders of the Polish state”, said the Deputy Prime Minister. He added that hybrid attacks besides happen in virtual space and must be answered. “This besides needs to be worked out, this has not been done so far,” said Kosiniak-Kamish.
The Deputy Prime Minister besides spoke of extending the catalogue of situations erstwhile a soldier could usage a gun. He stressed that changes in this area were needed and announced that "in certain circumstances, the usage of weapons contrary to the rules would not be a crime". He warned that it was not about the "licence to kill". “It is about giving soldiers more certainty that erstwhile their lives and wellness are threatened in conjunction with another reasons, they are not to fear the usage of weapons, and the Polish state will stand behind them,” Kosiniak-Kamish argued.
Representatives of all parliamentary clubs spoke about the task developed by the Donald Tusk government. Mr Zbigniew Hoffman (PiS) stressed that the PiS supports initiatives and efforts that strengthen the national safety strategy and support Polish Army soldiers, police officers and Border Guards. "In our opinion, the proposed rules, contrary to the Prime Minister and the Deputy Prime Minister's announcement, do not, in fact, change the powers of soldiers serving at the border to usage weapons. They are cosmetic – said Mr Hoffman. In turn, Anna Maria Żukowska (Lewica) pointed out that although the draft amendments to the national safety regulations are needed, it contains "legal deficiencies". The MP announced that her club would submit amendments to the project. Confederate Members have pointed out that any of the project's records are unclear. “A soldier on the border cannot think about interpreting the law,” argued Andrzej Zapalowski.
Deputy Prime Minister Kosiniak-Kamish referred, among others, to the allegations of Members that the bill was not bringing anything new. According to him, the fresh rules will not only destruct the legal gap (by e.g. introducing the concept of "hybrid war" and defining the rules of service in time between peace and full-scale war), but besides give officers a greater sense of security. There were besides questions about the rules of military usage in operations conducted at the border. Władysław Kosiniak-Kamysz pointed out that they are defined as precisely as possible, but it is not possible to close the "catalogue" of military usage these days. “It’s about peculiar circumstances in a threat from the outside”, added the Deputy Prime Minister. The politician besides referred questions about the buffer region and the anticipation of NGO being present. "I think that the buffer region introduced in the border area is simply a good solution. It should be as accurate as possible. There's no chance of any permanent passes for anyone. This would violate its tightness – the Deputy Prime Minister pointed out.
At the end, Władysław Kosiniak-Kamysz asked for a smooth and fast work on the bill. – I ask you to unite all political forces, our society, our nation, against the dangers we face. I ask you to adopt a law that increases the safety of the Polish state – Władysław Kosiniak-Kamysz appealed.
Members referred the task to further work in national defence committees, home affairs and administration.
