Pandemic-Induced Martial Law: Possibility Or Pipe Dream?

The COVID-19 pandemic has brought the issue of martial law to the forefront once again. While the term may evoke images of soldiers breaking down doors and confiscating supplies, it primarily refers to the military taking control of civilian government. In the United States, martial law has been imposed at least 68 times, mostly in limited areas, and for reasons including war, invasion, insurrection, civil unrest, and natural disasters. During the pandemic, countries like the Philippines and El Salvador were accused of using the pandemic as a cover to violate human rights and silence the press. A pandemic can indeed trigger martial law, and the resulting restrictions on movement and civil liberties can be severe, as seen in the Philippines, where President Rodrigo Duterte ordered police and soldiers to shoot dead those who protested against the lockdown.

Who can impose martial law?

In the United States, the Constitution does not define who can impose martial law. While the US President and US Congress have the power to impose martial law, the Constitution and federal law do not explicitly authorise the President to do so. The Supreme Court has never explicitly ruled that the President can declare martial law, but it has held that states can. The Court has also ruled that only Congress can substitute military tribunals for civil courts, and only during wartime.

In nearly every state in the US, the governor has the power to impose martial law within the borders of the state. This has been the case throughout history, with martial law imposed at least 68 times in limited, usually local areas of the United States. For example, in 1866, Lord Dunmore, the royal governor of Virginia, issued a proclamation declaring martial law. In 1814, General Andrew Jackson, who later became president, declared martial law in New Orleans to defend against a British invasion.

In South Korea, the constitution states that martial law can only be exercised during wartime or comparable national emergencies. In 2025, South Korean President Yoon Suk Yeol was impeached after imposing martial law, which left the country's leadership in limbo for months.

What happens when martial law is imposed?

Martial law refers to the use of the military for law enforcement. In the United States, the president, Congress, or a local military commander may impose degrees of martial law under specific situations. In nearly every state, the governor has the power to impose martial law within the borders of the state.

Throughout history, martial law has been imposed at least 68 times in limited, usually local areas of the United States. It has been declared twice for war or invasion, seven times for domestic war or insurrection, eleven times for riot or civil unrest, 29 times for labor dispute, four times for natural disaster, and fifteen times for other reasons.

When martial law is imposed, the normal legal system is dramatically assisted or completely replaced by the military in times of emergency. This can result in the confiscation of firearms, especially if civil unrest is the root cause of the declaration. For example, after Hurricane Katrina, there were reports of weapons being confiscated from people attempting to board evacuation buses while armed. It can also lead to the confiscation of goods deemed necessary for the emergency, such as the hoarding of face masks during the coronavirus pandemic.

Life and liberty will be highly monitored and restricted, with enforced curfews and roadblocks to prevent travel to or from "hot zones" with significant threat levels. Power outages are also a possibility, as seen in instances of civil unrest, terrorism, or economic collapse. Additionally, fundamental communications like the Internet and cell phone service may be disrupted or intentionally halted.

What are the historical precedents for martial law?

Martial law has been declared several times throughout history, in various parts of the world. In the United States, martial law has been imposed at least 68 times, mostly in limited, local areas. Historically, martial law has been imposed twice for war or invasion, seven times for domestic war or insurrection, eleven times for riot or civil unrest, 29 times for labour dispute, four times for natural disaster, and fifteen times for other reasons.

During the American Revolutionary period, British authorities imposed martial law in several instances to suppress colonial resistance and maintain control. For example, in Boston in 1774, the British Parliament passed the Intolerable Acts, which placed Boston under martial law by closing its port and restricting town meetings. In 1775, Lord Dunmore, the royal governor of Virginia, declared martial law, offering freedom to indentured servants and enslaved individuals who joined British forces against the rebelling colonists. In 1776, following the British capture of New York City, martial law was imposed to restore order and assert British authority. During the War of 1812, General Andrew Jackson imposed martial law in New Orleans.

In the 19th and early 20th centuries, martial law was declared in the United States during the Whiskey Rebellion and the Civil War. During the Civil War, President Abraham Lincoln suspended habeas corpus and invoked martial law. In 1878, Congress passed the Posse Comitatus Act, which prohibits federal forces from assisting in domestic law enforcement without congressional approval.

In the 20th century, martial law was imposed in various countries, including Taiwan, Syria, and Egypt, often during periods of political upheaval, insurrection, or emergency. For example, Taiwan was under martial law from 1949 to 1987 to suppress Communist activities. In 1989, martial law was imposed in Beijing following the Tiananmen Square protests. Egypt was under a state of emergency from 1967 to 2021, allowing military courts to try civilians and detain those deemed threats to state security.

More recently, martial law has been declared in various countries, including the Philippines, Poland, Pakistan, and Azerbaijan. For instance, in 2017, President Rodrigo Duterte of the Philippines declared martial law in the southern island of Mindanao due to attacks by the Maute Group. In 2011, Bahrain saw martial law imposed during an anti-government uprising, granting the police and military authority to crack down on protesters.

How does martial law affect human rights?

Martial law refers to times when a region, state, city, or country is placed under the control of a military body. In the United States, martial law has been imposed at least 68 times, mostly by state and local officials. It has been declared twice for war or invasion, seven times for domestic war or insurrection, eleven times for riot or civil unrest, 29 times for labour dispute, four times for natural disaster, and fifteen times for other reasons.

The imposition of martial law has significant implications for human rights. While the exact scope and limits of martial law are often unclear, it is generally understood that martial law grants the military body in control extensive authority to restrict the rights and freedoms of civilians. For example, during the coronavirus pandemic, individuals who hoarded face masks and resold them at a markup had their property confiscated. Additionally, the right to freedom of movement may be curtailed through the implementation of "stop travel" bans, enforced curfews, and roadblocks designed to prevent travel to or from "hot zones".

Another way that martial law can affect human rights is through the suspension of habeas corpus, which is the right to a hearing and trial on lawful imprisonment. In the United States, the suspension of habeas corpus has occurred in conjunction with martial law, such as during the Whiskey Rebellion and the Civil War. It is important to note that even under martial law, the government is still bound by the Constitution and cannot violate constitutional rights.

In some cases, the imposition of martial law has been associated with human rights violations. For example, during the rule of Ferdinand E. Marcos in the Philippines, it is estimated that 70,000 people were imprisoned, 34,000 were tortured, and 3,240 were killed. To honour the victims of this period, the Human Rights Victims Reparations Act of 2013 was signed, recognising "the heroism and sacrifices of all Filipinos who were victims of summary execution, torture, enforced or involuntary disappearance and other gross human rights violations".

Furthermore, martial law can lead to the confiscation of firearms, especially in cases of civil unrest. This was reportedly observed in the aftermath of Hurricane Katrina, where weapons were confiscated from individuals attempting to board evacuation buses while armed, prioritising the safety of other passengers.

Overall, the imposition of martial law can have significant impacts on human rights, including restrictions on movement, confiscation of property, suspension of habeas corpus, and, in some cases, human rights violations.

Can a pandemic be used as an excuse for martial law?

In the United States, martial law refers to instances in history where a region, state, city, or the entire nation was placed under the control of a military body. Both the US President and Congress have the power to impose martial law, and in nearly every state, the governor can impose it within their state's borders.

Martial law has been imposed at least 68 times in limited, usually local areas of the US. It has been declared twice for war or invasion, seven times for domestic war or insurrection, eleven times for riot or civil unrest, 29 times for labor dispute, four times for natural disaster, and fifteen times for other reasons.

A pandemic could be considered a natural disaster, and in the case of COVID-19, it has been used as an excuse to impose stricter measures on populations. For example, in the Philippines, President Rodrigo Duterte's zero-tolerance policy for illegal substances already had many people frightened for their lives. The pandemic gave Duterte room to broaden his regime of cruelty, with reports of police and armed soldiers patrolling the streets of Manila to enforce lockdown. Duterte was granted emergency powers on March 25, 2020, and the leading broadcast network, ABS-CBN, was forced to shut down. Human rights activists raised concerns about the highly militarized response to the pandemic and the threat to freedom of the press.

In conclusion, while a pandemic itself may not be a direct cause for martial law, it can be used as an excuse to impose stricter measures and consolidate power, as seen in the case of the Philippines during COVID-19.

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