Martial law is the replacement of civilian government by military rule and the suspension of civilian legal processes for military powers. Martial law can continue for a specified amount of time, or indefinitely, and standard civil liberties may be suspended for as long as martial law continues. Most often, martial law is declared in times of war or emergencies such as civil unrest and natural disasters. Alternatively, martial law may be declared in instances of military coups d'état.LIEBER, FRANCIS, and G. NORMAN LIEBER. To Save the Country: A Lost Treatise on Martial Law. Edited by Will Smiley and John Fabian Witt, Yale University Press, 2019. JSTOR, . Accessed 30 March 2023.
Martial law has also been imposed during conflicts, and in cases of occupations, where the absence of any other civil government provides for an unstable population. Examples of this form of military rule include post–World War II reconstruction in Germany and Japan; the recovery and reconstruction of the former Confederate States of America during the Reconstruction Era in the United States of America following the American Civil War; and German occupation of northern France between 1871 and 1873 after the Treaty of Frankfurt ended the Franco-Prussian War. The British Empire commonly used martial law when insurgencies occurred in its colonies, such as the Arab Revolt in Palestine.
Typically, the imposition of martial law accompanies ; the suspension of civil law, civil rights, and habeas corpus; and the application or extension of military law or military justice to civilians. Civilians defying martial law may be subjected to military tribunal (court-martial).
During the British Empire, martial law was proclaimed and applied in the territory of the Province of Quebec during the invasion of Canada by the Continental Army during the American Revolutionary War in 1775–1776. It was also applied twice in the Lower Canada during the 1837–1838 insurrections. On December 5, following the events of November 1837, martial law was proclaimed in the district of Montreal by Governor Gosford, without the support of the Legislative Assembly of Lower Canada. It was imposed until April 27, 1838. Martial law was proclaimed a second time on November 4, 1838, this time by acting Governor John Colborne, and was applied in the district of Montreal until August 24, 1839.Françoise Dubuc. " La Loi martiale telle qu'imposée au Québec en 1837 et en 1838", in Les Patriotes de 1837@1838, May 20, 2000, retrieved May 10, 2009
After the Kuomintang-led central government of China lost control of the mainland to the Chinese Communist Party and retreated to Taiwan in 1949, the perceived need to suppress Communist activities in Taiwan was utilised as a rationale for not lifting martial law until thirty-eight years later in 1987, just prior to the death of then President Chiang Ching-kuo. Taiwan's period of martial law was one of the longest in modern history, after that of Syria (1967–2011).
Martial law was imposed in Beijing in 1989 following the Tiananmen Square protests of 1989 by the Communist-ruled government on mainland China.
During Hosni Mubarak's presidency, parliament had renewed emergency laws every three years since they were imposed. The legislation was extended in 2003 and were due to expire at the end of May 2006; plans were in place to replace it with new anti-terrorism laws. After the Dahab bombings in April of that year, it was renewed for another two years.Simon Apiku. Egypt to lift 25-year-old emergency laws. Middle East On-line, 23 March 2006.Joelle Bassoul. Egypt renews state of emergency for two years. Middle East On-line, 1 May 2005. [2] In May 2008 there was a further extension to June 2010.Adam Morrow and Khaled Moussa al-Omrani. "Egypt: Despair Over Two More Years of Martial Law." Inter Press Service News Agency. In May 2010, the state of emergency was further extended, albeit with a promise from the government to be applied only to 'Terrorism and Drugs' suspects. On 10 February 2011, during the uprising against his rule, Mubarak promised the deletion of the relevant constitutional article regarding the emergency law in an attempt to please the mass number of protesters that demanded him to resign. The following day, he stepped down and handed control of the country to the Supreme Council of the Armed Forces. It meant that the presidential executive powers, the parliamentary legislative powers and the judicial powers all transferred directly to the military system which may delegate powers back and forth to any civilian institution within its territory.
The military issued in its third announcement the "end of the State of Emergency as soon as order is restored in Egypt". Before martial law, the Egyptian parliament under the constitution had the civilian power to declare a state of emergency. When in martial law, the military gained all powers of the state, including to dissolve the parliament and suspend the constitution as it did in its fifth announcement. Under martial law, the only legal framework within the Egyptian territory was the numbered announcements from the military. These announcements could for instance order any civilian laws to come back into force. The military announcements (communiqués) were the de facto only constitution and legal framework for the Egyptian territory. It meant that all affairs of the state were bound by the Geneva Conventions.
Under the current president Abdel Fattah el-Sisi, a series of constitutional amendments passed in 2019 granted the military the authority to intervene in national politics to "preserve the constitution and democracy, protect the basic principles of the state and its civil nature, and protect the people's rights and freedoms". The armed forces were separately granted policing responsibilities to arrest civilians and "protect public and vital facilities".
During the British Raj, martial law was effectively declared in the Defense of India Act, 1915 and the Defense of India Act, 1939. It was also declared in most of the Punjab during 1919 as a response to tensions caused by the Amritsar Massacre. These tensions were caused due to the controversial Rowlatt Act.
Article 79 of the Constitution of the Islamic Republic of Iran forbids the proclamation of martial law without the approval of the Islamic Consultative Assembly.
In late July 1921 Lord Cave (House of Lords) ruled on an appeal that:"...the military court, the validity of whose sentence was called into question, was a body possessing no statutory or common law authority...". The Court of Chancery (Ireland) also ruled that the Restoration of Order in Ireland Act 1920 had superseded the power to declare martial law. Any sentences by military tribunals that were not in accordance with that Act were declared void.
The current Irish Constitution allows for martial law if the government declares a state of emergency; however capital punishment is prohibited in all circumstances, including a state of emergency.
This period is remembered for its extreme crackdown on political rights, as well as unaccountable military brutality. Most political and civil organization was prohibited. Flying of Palestinian flag, as well as other expressions of Palestinian patriotism were prohibited. Furthermore, despite theoretical guarantee of full political rights, military government personnel frequently made threats against Arabs citizens if they did not vote in elections for the candidates favored by the authorities.Raz, Adam. How Israel Tormented Arabs in Its First Decades – and Tried to Cover It Up Haaretz.com. Haaretz, January 9, 2021 Perhaps the most commemorated incidence of military brutality in this time period was the Kafr Qasim massacre in 1956, in which the Israel Border Police killed 48 people (19 men, 6 women and 23 children aged 8–17) as they were returning home from work in the evening. The Israeli army had ordered that all Arab villages in the proximity of the Green Line be placed under curfew. However, this order came into effect before the residents of these localities, including residents of Kafr Qasim, were notified.
Following the 1967 war, in which the Israeli army occupied the West Bank, Gaza Strip, the Golan Heights in Syria, and the Sinai Peninsula in Egypt, martial law over the Palestinians population as well as the Jordanian, Syrian, and Egyptian populations in these areas was put in place. In 1993, the Oslo I agreements facilitated limited self-rule for Palestinians under the Palestinian National Authority. Officially, only parts of Area C in the West Bank are under martial law.
During the 2006 Lebanon war, martial law was declared by Defense Minister Amir Peretz over the north of the country. The Israel Defense Forces were granted the authority to issue instructions to civilians, and to close down offices, schools, camps and factories in cities considered under threat of attack, as well as to impose curfews on cities in the north.
Instructions of the Home Front Command are obligatory under martial law, rather than merely recommended. The order signed by Peretz was in effect for 48 hours and was extended by the Cabinet and the Knesset Foreign Affairs and Defense Committee over the war's duration.
The civilian martial law was imposed by Zulfikar Ali Bhutto, the first civilian to hold this post in Pakistan after the Bangladesh Liberation War. On 21 December 1971, Bhutto took this post as well as that of President. It was the first civilian martial law.
The third was imposed by the General Muhammad Zia-ul-Haq on 5 July 1977. After several tumultuous years, which witnessed the secession of East Pakistan to form Bangladesh, politician Zulfikar Ali Bhutto took over in 1971 as the first civilian martial law administrator in recent history, imposing selective martial law in areas hostile to his rule, such as the country's largest province, Balochistan. Following widespread civil disorder, General Zia overthrew Bhutto and imposed martial law in its totality on 5 July 1977, in a bloodless coup d'état. Unstable areas were brought under control through indirect military action, such as Balochistan under Martial Law Governor, General Rahimuddin Khan. Civilian government resumed in 1988 following General Zia's death in an aircraft crash.
On 12 October 1999, the government of Prime Minister Nawaz Sharif was dissolved, and the Army took control once more. A fourth martial law was imposed. General Pervez Musharraf took the title of Chief Executive until the President of Pakistan Rafiq Tarar resigned and General Musharraf became president. Elections were held in October 2002 and Mir Zafarullah Khan Jamali became Prime Minister of Pakistan. Jamali's premiership was followed by Chaudhry Shujaat Hussain and Shaukat Aziz. While the government was supposed to be run by an elected prime minister, there was a common understanding that important decisions were made by the President General Musharraf.
General Pervez Musharraf pointed out it as an emergency, not Martial Law. The Constitution, Parliament and Provincial Assemblies were suspended and Musharraf issued "Proclamation of Emergency" on 14 October 1999.
On 3 November 2007, President General Musharraf declared the state of emergency in the country which is claimed to be equivalent to the state of martial law as the constitution of Pakistan of 1973 was suspended, and the Chief Justices of the Supreme Court were fired.
On 12 November 2007, Musharraf issued some amendments in the Military Act, which gave the armed forces some additional powers.
The country was under martial law again from 1972 to 1981 under President Ferdinand Marcos. Proclamation № 1081 ("Proclaiming a State of Martial Law in the Philippines") was signed on 21 September 1972 and came into force on 23 September. The official reason behind the declaration was to suppress increasing civil strife and the threat of a communist takeover, particularly after a series of bombings (including the Plaza Miranda bombing) and an assassination attempt on Defense Minister Juan Ponce Enrile in Mandaluyong.
The policy of martial law was initially well received, but it eventually proved unpopular as the military's human rights abuses (e.g. use of torture in intelligence gathering, forced disappearances), along with the decadence and excess of the Marcos family and their allies, had emerged. Coupled with economic downturns, these factors fermented dissent in various sectors (e.g. the urban middle class) that crystallised with the assassination of jailed oppositionist Senator Benigno Aquino Jr. in 1983, and widespread fraud in the 1986 snap elections. These eventually led to the 1986 People Power Revolution that ousted Marcos and forced him into exile in Hawaii where he died in 1989; his rival presidential candidate and Aquino's widow, Corazon Aquino, was installed as his successor.
During this 9-year period, curfews were implemented as a safety measure. Majority of radio and television networks were suspended. Journalists who were accused of speaking against the government were taken as political prisoners, some of them to be physically abused and tortured by the authorities.
Others have stated that the implementation of Martial Law was taken advantage by the Marcos regime. Billion pesos worth of property and ill-gotten wealth was said to be acquired by Marcos' consort, First Lady Imelda Marcos. This alleged money laundering issue was brought back recently, particularly in the PiliPinas Debates 2016 for the recently held Philippine Presidential Elections on May 9, 2016. Ferdinand "Bongbong" Marcos Jr., Marcos' son, ran for the vice presidency and lost.
There were rumours that President Gloria Macapagal Arroyo was planning to impose martial law to end military coup d'etat plots, general civilian dissatisfaction, and criticism of her legitimacy arising from the dubious results of the 2004 presidential elections. Instead, a State of National Emergency was imposed in 2006 from 24 February to 3 March, in order to quash a coup attempt and quell protesters.
On 4 December 2009, President Arroyo officially placed the Province of Maguindanao under a state of martial law through Proclamation № 1959. As with the last imposition, the declaration suspended the writ of habeas corpus in the province. The announcement came days after hundreds of government troops were sent to the province to raid the armories of the powerful Ampatuan clan. The Ampatuans were implicated in the massacre of 58 persons, including women from the rival Mangudadatu clan, human rights lawyers, and 31 media workers. Cited as one of the bloodiest incidents of political violence in Philippine history, the massacre was condemned worldwide as the worst loss of life of media professionals in one day.
On 23 May 2017, President Rodrigo Duterte declared martial law throughout the main southern island of Mindanao, through Proclamation No. 216, due to the Marawi crisis of Maute Group in Marawi City, Lanao del Sur. It was announced in a briefing in Moscow by Secretary Ernesto Abella, and was in effect until December 2019.
Following the 12·12 Military Insurrection of 12 December 1979, General Chun Doo-hwan launched the Coup d'état of May Seventeenth in 1980 and forced the Cabinet to extend martial law nationwide, which set off the Gwangju Uprising of 18 May 1980.May, The Triumph of Democracy. Ed. Shin Bok-jin, Hwang Chong-gun, Kim Jun-tae, Na Kyung-taek, Kim Nyung-man, Ko Myung-jin. Gwangju: May 18 Memorial Foundation, 2004.
On 3 December 2024, president Yoon Suk Yeol declared a state of emergency martial law to "safeguard a liberal South Korea from the threats posed by North Korea's communist forces and to eliminate anti-state elements". However, on 4 December 2024 at 01:01 AM KST, 190 lawmakers who were present at the National Assembly voted unanimously to lift martial law. Martial law was formally lifted by president Yoon around 4:50 a.m.; martial law was in effect for about six hours.
International bodies declared such an extended state of emergency as against international law. Specifically, it was held to be in violation of the International Covenant on Civil and Political Rights (hereinafter "ICCPR"), which Syria is a party to. Article 4 of the ICCPR "limits the application of emergency laws to a time of 'public emergency which threatens the life of the nation and the existence of which is officially proclaimed.' It further stipulates that the state parties to the ICCPR may derogate from their obligations under the treaty only 'to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with their other obligations under international law.'"
In 2000, Syria responded to the allegations from the ICCPR, and countered that it was in compliance with the ICCPR in a report to the United Nations Human Rights Committee. Syria justified this ongoing declaration of emergency through their concerns of ongoing threats of war by Israel.
On 28 July 2005, the United Nations responded:
Ultimately, after 48 years, in April 2011, President Bashar al-Assad ended Syria's state of emergency, thereby signaling the end of the longest martial law ruling in history. This came as a response to protests demanding freedom from the historically long police rule over Syria.
Martial law was first declared in Ukraine in 2018 and as a response to Russian hostilities. On 26 November 2018, lawmakers in the Verkhovna Rada overwhelmingly backed President Petro Poroshenko's imposition of martial law along Ukraine's coastal regions and those bordering the Russia and Transnistria, an unrecognized breakaway state of Moldova which has Russian troops stationed in its territory, in response to the firing upon and seizure of Ukrainian naval ships by Russia near the Crimea a day earlier. A total of 276 lawmakers in Kyiv backed the measure, which took effect on 28 November 2018 and automatically expired in 30 days.
This period of martial law was both intended to be, and ultimately was, limited in scope. Then-president Poroshenko proposed a 60-day martial law period, but ultimately a 30-day period of martial law was signed into effect. This period of martial law came to an end at its scheduled 30-day mark. This declaration was limited to specific areas of Ukraine, including territories along the Russia-Ukraine border, the Moldova-Ukraine border, the coasts of the Black Sea, the Sea of Azov, and the Azov – Kerch international waters.
On 24 February 2022, President Volodymyr Zelensky declared martial law in response to the Russian invasion of Ukraine. Then, on 15 March, the Parliament of Ukraine adopted the Law of Ukraine "On Organizing Labor Relations under Martial Law" which came into effect on March 24, 2022, and "clarified relevant restrictions of the constitutional right and freedoms and set out special rules applicable to labor relations to replace the 'normal' rules of the Labour Code of Ukraine." Article 4(7) of the Law of Ukraine holds that the "General Staff of the Armed Forces of Ukraine shall direct, coordinate and control the activities of regional military administrations on defense, public safety, and order, and implement measures of martial law. The Cabinet of Ministers of Ukraine shall direct, coordinate and control the regional military administrations regarding other issues."
, there have been ten extensions to the Ukrainian declaration of martial law. This has led to the 2023 legislative and 2024 presidential elections being delayed, due to elections not being allowed to be held in times of martial law.
The martial law concept in the United States is closely tied with the right of habeas corpus, which is in essence the right to a hearing on lawful imprisonment, or more broadly, the supervision of law enforcement by the judiciary. The ability to suspend habeas corpus is related to the imposition of martial law. Article 1, Section 9 of the U.S. Constitution states, "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it." There have been many instances of the use of the military within the borders of the United States, such as during the Whiskey Rebellion and in the South during the Civil Rights Movement, but these acts are not tantamount to a declaration of martial law.
In United States law, martial law is limited by several court decisions handed down between the American Civil War and World War II. In 1878, Congress passed the Posse Comitatus Act, which, depending on the circumstances, can forbid U.S. military involvement in domestic law enforcement without congressional approval.(, original at )
The legality of the implementation of martial law was examined in 1866, in the court case Ex parte Milligan, 71 U.S. 2 (1866). Ex parte Milligan, 71 U.S. 2 (1866). Through this case, the Supreme Court established that trying civilians in military tribunals was unconstitutional unless there were no civilian courts available. Today, the ability to declare martial law over the United States is not explicitly granted in the Constitution. Despite this, martial law has been declared at least 68 times in the United States.
There are two main schools of thought regarding the declaration of martial law. First, some scholars argue that the ability to declare martial law is a constitutional power vested in Congress, and in some cases of emergency, the President. The second school of thought believes that the power to declare martial law in the United States is not expressed in any law, but rather arises as a matter of necessity and in the interests of "national self-preservation." As it stands today, there is no explicit provision in the Constitution granting powers to any specific body of government to declare martial law.
Historically, martial law has been declared in response to national emergencies in the United States. In Hawaii, for example, martial law was instituted following the attack on Pearl Harbor. The Supreme Court evaluated the legality of declaring martial law in Hawaii in the court case Duncan v. Kahanamoku, 327 U.S. 304 (1946). Duncan v. Kahanamoku, 327 U.S. 304 (1946). Here, the Supreme Court held that although Hawaii was not yet a state, the legality of declaring martial law must be analyzed as though Hawaii was one. As a result, the United States determined that the safety of the residents of Hawaii was their responsibility, and martial law was implemented throughout the Hawaiian Islands.
In June 1970, martial law was effected in the small university-town of Isla Vista, California next to the University of California at Santa Barbara at the acme of the 1969-1970 student protests against the Vietnam War. Student demonstrations had engendered aggressive police repression, which reached an apex when students burned down the Isla Vista Bank of America building. One student, Kevin Moran, who was working to put out the flames, was shot and killed by police. In response, Governor Ronald Reagan deployed the national guard in Isla Vista and effected a 6am to 6pm
Mauritius
Myanmar
Pakistan
Philippines
Poland
Russian Federation
South Korea
Switzerland
Syria
"Noting with concern that the state of emergency declared some forty years ago is still in force and provides for many derogations in law or practice from the rights guaranteed under articles 9 14, 19, and 22, among others, of the Covenant, without any convincing explanation being given as to the relevance of these derogations to the conflict with Israel and as to the necessity of these derogations to meet the exigencies of the situation claimed to have been created by the conflict."
In further response, Syria reiterated their position that the ongoing emergency declaration was due to a continued threat of war with Israel. Despite ongoing dialogue over a period of years between Syria, the ICCPR, and the United Nations, the declaration remained in effect for the next six years from the 2005 statement made by the United Nations advising of the invalidity of such an extensive state of emergency declaration.
Taiwan
Thailand
Turkey
Ukraine
United States
/ref> This set of events was one of the rare instances of full-scale martial law being effected in the United States outside of wartime.
Yugoslavia
See also
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