Martial law: Difference between revisions

Martial law is the imposition of military rule by military authorities over designated regions on an emergency basis—(usually) only temporary—when the civilian government or civilian authorities fail to function effectively (e.g., maintain order and security, and provide essential services), when there are extensive riots and protests, or when the disobedience of the law becomes widespread. In most cases, military forces are deployed to subdue the crowds, to secure government buildings and key or sensitive locations, and to maintain order.^[1] Generally, military personnel replace civil authorities and perform some or all of their functions. In full-scale martial law, the highest-ranking military officer would take over, or be installed, as the military governor or as head of the government, thus removing all power from the previous executive, legislative, and judicial branches of government.^[1]

Martial law can be used by governments to enforce their rule over the public. Such incidents may occur after a coup d'état (Thailand 2006); when threatened by popular protest (China, Tiananmen Square protests of 1989); to suppress political opposition (Poland in 1981); to stabilize insurrections or perceived insurrections (Canada, The October Crisis of 1970). Martial law may be declared in cases of major natural disasters, however most countries use a different legal construct, such as a "state of emergency".

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 as well as the southern reconstruction following the U.S. Civil War.

Typically, the imposition of martial law accompanies curfews, the suspension of civil law, civil rights, 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).

See: 2011 Bahraini uprising

The War Measures Act was a Canadian statute that allowed the government to assume sweeping emergency powers, stopping short of martial law, i.e. the military does not administer justice, which remains in the hands of the courts. The Act has been invoked three times: During World War I, World War II, and the October Crisis of 1970. In 1988, the War Measures Act was replaced by the Emergencies Act.

Prior to 1837, martial law was proclaimed and applied in the territory of the Province of Quebec during the invasion of Canada by the army of the American Continental Congress in 1775-1776. It was also applied twice in the territory of Lower Canada during the 1837-1838 insurrections.

On December 5, following the events of November 1837, martial law was proclaimed in the district of Montréal by Governor Gosford, without the support of the Legislative Assembly in the Parliament 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.^[2]

In Egypt, a State of Emergency has been in effect almost continuously since 1967. Following the assassination of President Anwar el-Sadat in 1981, state of emergency was declared. Egypt has been under state of emergency ever since; the Parliament has renewed the emergency laws every three years since they were imposed. The legislation was last extended in 2003 and was due to expire at the end of May 2006; plans were in place to replace it with new anti-terrorism laws, but after the Dahab bombings in April of that year, state of emergency was renewed for another two years.^[3][4] In May 2008 there was a further extension to June 2010.^[5] 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. State of Emergency gives military courts the power to try civilians and allows the government to detain for renewable 45-day periods and without court orders anyone deemed to be threatening state security. Public demonstrations are banned under the legislation. On 10 Feb 2011, the ex-president of Egypt (Hosni Mubarak) promised the deletion of the relevant constitutional article that gives legitimacy to State of Emergency in an attempt to please the mass number of protesters that demanded him to resign. On 11 Feb 2011, the ex-president stepped down and the Vice President Omar Suleiman de facto introduced the country to Martial Law when transferring all civilian powers from the presidential institution to the military institution. It meant that the presidential executive powers, the parliamentary legislative powers and the judicial powers all transferred directly into the military system which may delegate powers back and forth to any civilian institution within its territory. Under Martial Law the source of power is not the people, not the parliament, not the constitution, not a Holy Text, but solely the Supreme Council of the Armed Forces. 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 is the numbered announcements from the military. These announcements could for instance order any civilian laws to come back into force. The military announcements (communiques) are the de facto only current constitution and legal framework for the Egyptian territory. It means that all affairs of the entire state are bound by the Geneva Conventions.

A classic case of a full-blown martial law in recent history took place in Iran in 1978. On September 7, Shah of Iran, Mohammad Reza Pahlavi, appointed the chief of army staff, General Gholam Ali Oveisi as the military governor of the capital city, Tehran.^[6] The army divisions took position in key locations in the city. (Martial law was also declared in some other cities.) On September 8, the army opened fire on protesters, killing somewhere from 300 to 4000 (estimates vary). The day is often referred to as Black Friday. Unable to control the unrest, Shah dissolved the civil government headed by Prime Minister Jafar Sharif-Emami on November 6, and appointed General Gholam Reza Azhari as the prime minister. Azhari’s military government also failed to bring order to the country. As a last-ditch effort, as he was preparing to leave the country, Shah dissolved the military government and appointed Shapour Bakhtiar, a reformist critic of his rule, as the new prime minister on January 4, 1979. Bakhtiar’s government fell on February 11, and with it, the history of over two thousand years of monarchy in Iran came to an end.^[6]

During the Easter Rising in 1916, Lord Wimborne, a cousin of Winston Churchill and then Lord Lieutenant of Ireland, declared martial law to maintain order in the streets of Dublin. This was later extended both in duration and geographical reach to the whole of the country with the consent of the British government. Much of Ireland was declared under martial law by the British authorities during the Irish War of Independence. A large portion of Ireland was also under de facto martial law during the Irish Civil War.

Military administrative government was in effect from 1949 to 1966 over some geographical areas of Israel having large Arab populations, primarily the Negev, Galilee, and the Triangle. The residents of these areas were subject to a number of controlling measures that amounted to martial law.^[7][8] Permits from the military governor had to be procurred to travel more than a given distance from a person's registered place of residence, and curfew, administrative detentions, and expulsions were common.^[7] Although the military administration was officially for geographical areas, and not people, its restrictions were seldom enforced on the Jewish residents of these areas. In the 1950s, martial law ceased to be in effect for those Arab citizens living in predominantly Jewish cities, but remained in place in all Arab localities within Israel until 1966. The West Bank is under Israeli martial law since 1967 to present, and Gaza Strip was under martial law until 2005, the Syrian Golan Heights was also under Israeli martial law, but after the Golan Heights law was passed the territory has been under Israeli civil law.^[7]

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.^[9]

Instructions of the Home Front Command are obligatory under martial law, rather than merely recommended.^[9] The order signed by Peretz was in effect for 48 hours^[9] and was extended by the Cabinet and the Knesset Foreign Affairs and Defense Committee over the war's duration.^{[citation needed]}

Martial law has been declared in Pakistan four times. On 7 October 1958, President Iskander Mirza staged a coup d'état. He abrogated the constitution, imposed martial law and appointed General Muhammad Ayub Khan as the Chief Martial Law Administrator and Aziz Ahmad as Secretary General and Deputy Chief Martial Law Administrator. However, three weeks later General Ayub—who had been openly questioning the authority of the government prior to the imposition of martial law—deposed Iskandar Mirza on 27 October 1958 and assumed the presidency that practically formalized the militarization of the political system in Pakistan.[6] Four years later a new document, Constitution of 1962 was adopted. The second martial law was imposed on 25 March 1969, when President Ayub Khan abrogated the Constitution of 1962 and handed over power to the Army Commander-in-Chief, General Agha Mohammad Yahya Khan. On assuming the presidency, General Yahya Khan acceded to popular demands by abolishing the one-unit system in West Pakistan and ordered general elections on the principle of one man one vote. the third was imposed by the [General Zia] in 5 July 1979 After several tumultuous years, which witnessed the secession of East Pakistan, 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 Muhammad Zia-ul-Haq overthrew Bhutto and imposed martial law in its totality on July 5, 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 October 12, 1999, the government of Prime Minister Nawaz Sharif was dissolved, and the Army took control once more. But no 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 premiership was followed by Chaudhry Shujaat Hussain and Shaukat Aziz. While the government was supposed to be run by the elected Prime Minister, there was a common understanding that important decisions were made by the President General Musharraf.

On November 3, 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 November 12, 2007, Musharraf issued some amendments in the Military Act, which gave the armed forces some additional powers.

President of the Philippines Jose P. Laurel of the wartime Second Philippine Republic (puppet-government under Japan) placed the Philippines under martial law in 1944 through Proclamation No. 29, dated September 21. Martial law came into effect on September 22, 1944, at 9:00 am. Proclamation No. 30 was issued the next day, declaring the existence of a state of war between the Philippines and the United States and the United Kingdom. This took effect on September 23, 1944 at 10:00 am.

The country was under martial law again from 1972 to 1981 under the authoritarian rule of Ferdinand Marcos. Proclamation No. 1081 (Proclaiming a State of Martial Law in the Philippines) was signed on September 21, 1972 and came into force on September 22 - exactly 28 years after similar proclamations by President Laurel. Martial law was declared to suppress increasing civil strife and the threat of communist takeover following a series of bombings and a government-staged assassination attempt on the Defense Minister Juan Ponce Enrile in Manila. The declaration of martial law was initially well-received by some sectors, but it eventually proved unpopular as excesses and human rights abuses by the military emerged, such as the use of torture as a method of extracting information. The well-known People Power Revolution of 1986 took place because of the many violated rights and abuse of authority of Marcos. The People Power Revolution eventually ousted Marcos, and he fled to Hawaii where he died in exile in 1989.

There were rumours that President Gloria Macapagal-Arroyo was planning to impose martial law to put an end to military coup plots, general civilian dissatisfaction, and criticism of the legitimacy of her presidency due to dubious election results. Instead, a "State of National Emergency" was imposed to crush a coup plot and to tackle protesters which lasted from February 24, 2006 until March 3 of the same year.

On December 4, 2009, through Proclamation No. 1959, President Macapagal-Arroyo has officially placed Maguindanao province under a state of martial law.^[10] The declaration also suspended the writ of habeas corpus in the province.^[11] The announcement was made days after hundreds of government troops were sent to the province, which would later raid armories of the powerful Ampatuan clan. The Ampatuan family was implicated in the massacre that saw the murder of 57 persons, including women members of the rival Mangudadatu clan, human rights lawyers, and 31 media workers, in the worst incident of political violence in the nation's history. It has also been condemned worldwide as the worst loss of life of media professionals in one day in the history of journalism.^[12]

Martial law was introduced in Communist Poland on December 13, 1981 by Generals Czesław Kiszczak and Wojciech Jaruzelski to prevent democratic opposition from gaining popularity and political power in the country. Thousands of people linked to democratic opposition, including Lech Wałęsa, were arbitrarily arrested and detained. About 100 deaths are attributed to the martial law, including 9 miners shot by the police during the pacification of striking Wujek Coal Mine. The martial law was lifted July 22, 1983. Polish society is divided in opinion on the necessity of introduction of the martial law, which is viewed by some as a lesser evil compared to alleged Soviet military intervention. The generals' trials are still in progress almost thirty years after the events.

There are no provisions for martial law as such in Switzerland. Under the Army Law of 1995 [4], the Army can be called upon by cantonal (state) authorities for assistance (Assistenzdienst). This regularly happens in the case of natural disasters or special protection requirements (e.g., for the World Economic Forum in Davos). This assistance generally requires parliamentary authorization, though, and takes place in the regular legal framework and under the civilian leadership of the cantonal authorities. On the other hand, the federal authorities are authorized to use the Army to enforce law and order when the Cantons no longer can or want to do so (Ordnungsdienst). With this came many significant points of reference. This power largely fell into disuse after World War II. See [5].

Following World War II, the United Nations transferred rule of Taiwan to the Republic of China, which then initiated the longest period of martial law in modern history at the time. In the aftermath of the 228 Incident of 1947, martial law was declared in 1948 despite the democracy promised in the Constitution of the Republic of China. After the Nationalist-led Republic of China government lost control of its possessions in mainland China to the Communist Party of China and retreated to Taiwan in 1949, the perceived need to suppress Communist and Taiwan Independence activities in Taiwan meant that martial law was not lifted until 1987.

Today, still present martial law systems like in Syria (since the 1963 Syrian coup d'état) or in the West Bank (since the 1967 Six-Day War with Israel) have surpassed Taiwan as longer ranging periods of active martial law.

In Thailand many coups have taken place since the 1930s, but many have failed. In January 2004, the Prime Minister of Thailand, Thaksin Shinawatra, declared a state of martial law in the provinces of Pattani, Yala, and Narathiwat in response to the growing South Thailand insurgency. On September 19, 2006, Thailand's army declared martial law following a bloodless military coup in the Thai capital of Bangkok, declared while Prime Minister Shinawatra was in New York to address the United Nations General Assembly. General Sonthi Boonyaratglin took the control of the government, and soon after handed the premiership to ex-Army Chief General Surayud. Sonthi himself is Chief of the Administrative Reform Council.

Since the foundation of the Republic of Turkey in 1923 the military conducted three coups d'état and announced martial law. Martial law between 1978 and 1983 was replaced by a State of emergency that lasted until November 2002.

During the Yugoslav Wars in 1991, a "State of Direct War Threat" was declared. Although forces from the whole SFRY were included in this conflict, martial law was never announced, but after secession, Croatia and Bosnia and Herzegovina declared martial law. On March 23, 1999, a "State of Direct War Threat" was declared in the Yugoslavia, following the possibility of NATO air-strikes. The day after strikes began, martial law was declared, which lasted until June 1999, although strikes ended on June 10, following Kumanovo Treaty.

Throughout United States history are several examples of the imposition of martial law, aside from that during the Civil War.

During the War of 1812, General Andrew Jackson imposed martial law in New Orleans. Martial law was also imposed in a four mile radius around the vicinity. When word came of the end of the war, Jackson maintained martial law, contending that he had not gotten official word of the peace. A judge demanded habeas corpus for a man arrested for sedition. Rather than comply with the writ, Jackson had the judge arrested.

In 1892 at Coeur d'Alene, Idaho, rebellious mine workers blew up a mill and shot at strike-breaking workers. The explosion leveled a four-story building and killed one person. The governor declared martial law. At the same time, a request was made for federal troops to back guardsmen. Over 600 people were arrested. The list was whittled down to two dozen ring leaders who were tried in military court. While in prison, the mine workers formed a new union, the Western Federation of Miners.

In 1914 imposition of martial law climaxed the so-called Coal Field Wars in Colorado. Dating back decades, the conflicts came to a head in Ludlow in 1913. The Colorado National Guard was called in to quell the strikers. For a time, the peace was kept, but it is reported that the make-up of the Guard stationed at the mines began to shift from impartial normal troops to companies of loyal mine guards. Clashes increased and the proclamation of martial law was made by the governor. President Wilson sent in federal troops, eventually ending the violence.

In 1934 California Governor Frank Merriam placed the docks of San Francisco under martial law, citing "riots and tumult" resulting from a dock worker's strike. The Governor threatened to place the entire city under martial law. The National Guard was called in to open the docks, and a city-wide institution of martial law was averted when goods began to flow. The guardsmen were empowered to make arrests and to then try detainees or turn them over to the civil courts.

Martial law and San Francisco were no strangers - following the earthquake of 1906, the troops stationed in the Presidio were pressed into martial law service. Guards were posted throughout the city, and all dynamite was confiscated. The dynamite was used to destroy buildings in the path of fires, to prevent the fires from spreading. Troops were ordered to shoot looters.

Hawaii was placed under martial law in 1941, following the Japanese attack on Pearl Harbor. Many Hawaiians were, and are, of Asian descent, and the loyalty of these people was called into question. After the war, the federal judge for the islands condemned the conduct of martial law, saying, "Gov. Poindexter declared lawfully martial law but the Army went beyond the governor and set up that which was lawful only in conquered enemy territory namely, military government which is not bound by the Constitution. And they ... threw the Constitution into the discard and set up a military dictatorship."

On 8/26/2005 in the wake of Hurricane Katrina, New Orleans was placed under martial law after widespread flooding rendered civil authority ineffective. The state of Louisiana does not have an actual legal construct called "martial law," but instead something quite like it: a state of public health emergency. The state of emergency allowed the governor to suspend laws, order evacuations, and limit the sales of items such as alcohol and firearms. The governor's order limited the state of emergency, to end on 9/25/2005, "unless terminated sooner."

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 crises, but these acts are not tantamount to a declaration of martial law. The distinction must be made as clear as that between martial law and military justice: deployment of troops does not necessarily mean that the civil courts cannot function, and that is one of the keys, as the Supreme Court noted, to martial law.

The martial law concept in the U.S. 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 often equated with martial law.^{[citation needed]} 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."

In United States law, martial law is limited by several court decisions that were handed down between the American Civil War and World War II. In 1878, Congress passed the Posse Comitatus Act, which forbids military involvement in domestic law enforcement without congressional approval. On October 1, 2002 United States Northern Command was established to provide command and control of Department of Defense homeland defense efforts and to coordinate defense support of civil authorities.^[13]

The National Guard is an exception, since unless federalized, they are under the control of state governors.^[14] This was changed briefly: Public Law 109-364, or the "John Warner Defense Authorization Act of 2007" (H.R.5122), was signed by President Bush on October 17, 2006, and allowed the President to declare a "public emergency" and station troops anywhere in America and take control of state-based National Guard units without the consent of the governor or local authorities. Title V, Subtitle B, Part II, Section 525(a) of the JWDAA of 2007 reads "The [military] Secretary [of the Army, Navy or Air Force] concerned may order a member of a reserve component under the Secretary's jurisdiction to active duty...The training or duty ordered to be performed...may include...support of operations or missions undertaken by the member's unit at the request of the President or Secretary of Defense."^[15] The President signed the Defense Authorization Act of 2008 on January 13, 2008. However, Section 1068 in the enacted 2008 defense authorization bill (H.R. 4986: "National Defense Authorization Act for Fiscal Year 2008") repealed this section of PL 109-364.^[16]

As a result of the Boston Tea Party, Parliament passed the Massachusetts Government Act, one of the Intolerable Acts, which suppressed town meetings and assemblies, and imposed appointed government, tantamount to martial law.^[17][18][19]

During the War of 1812, U.S. General Andrew Jackson imposed martial law in New Orleans, Louisiana before repulsing the British in the Battle of New Orleans.^[20][21][22]

On September 15, 1863 President Lincoln imposed Congressionally authorized martial law.^{[citation needed]} The authorizing act allowed the President to suspend habeas corpus throughout the entire United States (which he had already done under his own authority on April 27, 1861). Lincoln imposed the suspension on "prisoners of war, spies, or aiders and abettors of the enemy," as well as on other classes of people, such as draft dodgers. The President's proclamation was challenged in Ex parte Milligan, 71 US 2 [1866]). The Supreme Court ruled that Lincoln's imposition of martial law (by way of suspension of habeas corpus) was unconstitutional in areas where the local courts were still in session.

In response to the Great Chicago Fire of 1871, Chicago mayor Roswell B. Mason declared a state of martial law and placed General Philip Sheridan in charge of the city on October 9, 1871. After the fire was extinguished, there were no widespread disturbances and martial law was lifted within a few days.^[23]

During the events of the West Virginia Mine War, martial law was declared on the state of West Virginia. At the behest of Governor Cornwell, federal troops had been dispatched to Mingo County to deal with the striking miners. ^{[citation needed]}

During World War II (1939 to 1945) what is now the State of Hawaii was held under martial law from December 7, 1941 to October 24, 1944.^[24]

On May 21, 1961, Governor Patterson of Montgomery, AL declared martial law. Freedom Riders

Contrary to many media reports at the time, martial law was not declared in New Orleans in the aftermath of Hurricane Katrina, because no such term exists in Louisiana state law. However, a State of Emergency was declared, which does give unique powers to the state government similar to those of martial law. On the evening of August 31, 2005, New Orleans Mayor Ray Nagin nominally declared "martial law" and said that officers didn't have to observe civil rights and Miranda rights in stopping the looters.^[25] Federal troops were a common sight in New Orleans after Katrina. At one point, as many as 15,000 federal troops and National Guardsmen patrolled the city. Additionally it has been reported that armed contractors from Blackwater USA assisted in policing the city.^[26]

At least two American lawmakers have stated on the record that, in their opinion, Section 1031 of the National Defense Authorization Act for Fiscal Year 2012 legalizes or authorizes martial law in the United States.

Senator Mark Udall (D-Colorado) stated "These provisions raise serious questions as to who we are as a society and what our Constitution seeks to protect...Section 1031 essentially repeals the Posse Comitatus Act of 1878 by authorizing the U.S. military to perform law enforcement functions on American soil."^[27]

• Authoritarianism
• Military junta a government led by a committee of military leaders.
• Military dictatorship a government where in the political power resides with the military.
• Military government the form of administration by which an occupying power exercises governmental authority over occupied territory.
• Military law (law to which members of the military are subject)
• Military rule (disambiguation)
• State of emergency
• Martial law in Poland
• Chief Martial Law Administrator
• DEFCON

• Macomb, Alexander, Major General of the United States Army, The Practice of Courts Martial, (New York: Harper & Brothers, 1841) 154 pages.
• Macomb, Alexander, Major General of the United States Army, A Treatise on Martial Law, and Courts-Martial as Practiced in the United States. (Charleston: J. Hoff, 1809), republished (New York: Lawbook Exchange, June 2007), ISBN 1-58477-709-5, ISBN 978-1-58477-709-0, 340 pages.^[28]
• Rehnquist, William H. (1998). All the Laws but One: Civil Liberties in Wartime. New York: William Morrow & Co. ISBN 0-688-05142-1.
• The Concise Oxford Dictionary of Politics / edited by Iain McLean and Alistair McMillan, Oxford University Press, 2004.
• Black's Law Dictionary : Definitions of the Terms and Phrases of American and English Jurisprudence, Ancient and Modern / by Henry Campbell Black, St. Paul : West Pub. Co., 1979

• 'Martial law' in the Encyclopædia Britannica
• Martial law in Thailand in 2005
• Full text of the 1972 Martial Law in the Philippines
• NSPD-51
• Emergency Rule of 3rd Nov. 2007 Pakistan