Cecily Zamora
Martial law involves the temporary substitution of military authority for civilian rule and is usually invoked in times of war, rebellion, or natural disaster. In the United States, martial law has been declared over 60 times, mostly by state and local officials. While the US President and Congress have the power to impose martial law, it is typically reserved for an invasion or attack by a foreign power, armed rebellion, widespread civil unrest, natural disasters, or the complete breakdown of civil order. In nearly every state, the governor has the power to impose martial law within the state's borders. The imposition of martial law often results in curfews and checkpoints, replacing everyday freedoms, and law and order become the priority.
| Characteristics | Values |
|---|---|
| Number of times declared in history | More than 60 times in the U.S. alone |
| Reasons for declaration | War or invasion, domestic war or insurrection, riot or civil unrest, natural disaster, etc. |
| Duration | A few days to a few weeks, or indefinitely |
| Declaring authority | Executive branch of the government, state governors, or military leaders |
| Constitutional basis | Unclear, varies by country |
| Legal implications | Suspension of civil liberties, Substitution of military authority for civilian rule |
| Impact on civilians | Curfews, limited mobility, potential detention for non-compliance |
| Examples | The Battle of New Orleans, the 1906 San Francisco earthquake, the 2022 South Korean protests |
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What You'll Learn
Who can declare it?
In the United States, martial law has been declared more than 60 times, mostly by state and local officials. However, the US Constitution does not explicitly grant the power to declare martial law, and the Supreme Court has never clarified whether the federal government has this authority. The ability to impose martial law is typically reserved for the executive branch of a government under international law. In the US, the President can declare martial law, and state governors can do so in their respective states unless barred by the state constitution.
Historically, martial law has been invoked in the US during times of war, rebellion, or natural disaster. For example, it was declared in New Orleans during the Battle of New Orleans, after the Great Chicago Fire of 1871, and in response to riots and civil unrest, such as the Omaha race riot of 1919 and the Civil Rights Movement in the 1960s.
In other countries, the declaration of martial law has also been associated with the suspension of human rights and civil liberties. For example, South Korean President Yoon Suk Yeol declared martial law and suspended certain human rights, only to be removed from office after public protests.
The lack of a clear definition of martial law and the ambiguity surrounding the authority to declare it have led to concerns about the potential abuse of power.
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When has it been declared in the past?
Martial law has been declared in several countries and regions throughout history, often in response to civil unrest, natural disasters, or external conflicts. Here are some notable examples:
United States:
- New Orleans, Louisiana: From December 12, 1814, to March 13, 1815, during the Battle of New Orleans in the War of 1812.
- Hawaii: From December 7, 1941, to October 24, 1944, following the Japanese attack on Pearl Harbor.
- Utah Territory: From September 15, 1857, to June 12, 1858, during the Utah War between Mormons and federal troops.
- West Virginia: During the West Virginia Coal Wars (1920-1921), federal troops were dispatched to Mingo County, and martial law was declared.
- Akron Riot of 1900: In Akron, Ohio, martial law was declared in response to civil unrest.
- Galveston Hurricane of 1900: In Galveston, Texas, martial law was implemented in the aftermath of the hurricane.
- Omaha Race Riot of 1919: In Omaha, Nebraska, martial law was declared to protect against mob violence and civil unrest.
- Civil Rights Movement: In the South during the 1960s, martial law was declared in response to riots and protests.
Other Regions:
- Thailand: In 2006 and 2014, martial law was imposed after coup d'états.
- Egypt: In 2013, martial law was declared following a coup d'état.
- China, Tiananmen Square: In 1989, martial law was imposed to counter popular protests.
- Poland: In 1981, martial law was used to suppress political opposition.
- Azerbaijan: During the 2020 Nagorno-Karabakh war, martial law was declared by President Ilham Aliyev.
- Brunei: Since a rebellion in 1962, Brunei has been under martial law, enforced by British troops.
- Bangladesh: In the late 1970s and early 1980s, Bangladesh experienced martial law multiple times due to political assassinations and instability.
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What happens when it's in effect?
While there is no universal definition of martial law, it often refers to the use of the military for law enforcement. Under total martial law, the normal civilian law enforcement and legal system is replaced by a stricter set of laws and punishments that are completely controlled by the military or executive branch of the government. The normal checks and balances built into the constitution are suspended. However, the government cannot suspend or violate constitutional rights, even under martial law. For example, in the US, the Department of Defense personnel are limited in what they can do to enforce civil law.
In some countries, martial law can be declared by the president, governor of a state, or, in limited emergencies, by a local military commander. In the US, the president, Congress, or a local military commander may impose degrees of martial law under specific situations. In Switzerland, 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. In Ireland, the 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. In India, the sole mention of martial law in the constitution is in Article 34, which gives Parliament the power to indemnify persons in territories where martial law was in force.
Martial law has been declared many times in history, including in the US, the UK, Iran, Switzerland, Ireland, India, Syria, and Azerbaijan. In the US, martial law has been declared at least 68 times, mostly by state and local officials. It has been declared twice nationally by a president during wartime, first by Abraham Lincoln in border states between the North and South during the Civil War, and then again by local military officials in Hawaii during World War II. It has also been declared in limited, local areas of the US, such as in New Orleans during the Battle of New Orleans, after the Great Chicago Fire of 1871, and during the Civil Rights Movement in response to the Cambridge riot of 1963.
When martial law is in effect, the military is given the power to enforce laws and punishments, and civilian rule is temporarily replaced by military authority. This can include the imposition of strict curfews and travel restrictions, as well as the use of force to quell protests or riots. For example, during martial law in Tehran in 1978, the army opened fire on a group of protesters in Jaleh Square. In some cases, martial law may grant legal immunity for certain actions, such as during the Black War in Tasmania, where martial law effectively provided legal immunity for killing Aboriginal people.
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What's the legal basis for it?
The legal basis for declaring martial law is a complex and unsettled issue, with no clear definition or established precedent. In the United States, for instance, there is no federal statute defining martial law, and the Supreme Court's guidance on the matter is limited, vague, and inconsistent. The Court has never explicitly stated whether the federal government or the president has the authority to declare it. However, the 1952 ruling in Youngstown Sheet & Tube Company v. Sawyer provides a framework for analyzing executive power, suggesting that the president cannot act against Congress's will unless the Constitution grants conclusive and preclusive power over an issue.
The Insurrection Act of 1807 limits the president's ability to federalize National Guard troops for martial law purposes. Additionally, the Posse Comitatus Act prohibits the US military from engaging in domestic law enforcement without congressional approval. These laws place significant restrictions on the president's ability to use the military domestically. Nevertheless, Congress has granted the president substantial authority to deploy troops domestically, falling short of declaring martial law.
In the absence of a clear legal framework, the declaration of martial law often arises from necessity rather than legal right. The common law doctrine of necessity, or similar legal theories, is invoked to justify its implementation in countries without explicit constitutional provisions. This rationale has been applied in the United States and other nations like Pakistan.
Historically, martial law has been imposed in the United States at least 68 times, mostly by state and local officials, and typically in limited, local areas. It has been declared for various reasons, including war, insurrection, civil unrest, natural disasters, and labour disputes. The military assumes state powers during martial law, including the authority to dissolve parliament and suspend the constitution. However, even under martial law, constitutional rights must be upheld.
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What's the difference between martial law and a state of emergency?
The term "martial law" has been used to describe a wide variety of actions, practices, and roles for the military, and there is no universally accepted definition. Generally, it involves the temporary substitution of military authority for civilian rule and is invoked in times of war, rebellion, or natural disaster. It is often declared in response to civil unrest, riots, and labour disputes. In the United States, martial law has been declared at least 68 times, mostly by state and local officials.
A state of emergency, on the other hand, is a period of governance initiated by the President or the highest civilian leader in exceptional circumstances. It can be implemented within a specific region or the entire nation, depending on the nature of the emergency. During a state of emergency, certain constitutional rights and freedoms may be temporarily restricted or suspended to maintain law and order. For example, in India, a state of emergency may be declared when the country faces a threat of war, external aggression, or an armed revolt, as outlined in Article 352 of the Indian Constitution.
One key difference between martial law and a state of emergency lies in their regulatory frameworks. In some countries, such as India, martial law is not explicitly outlined in any particular regulation but derives its authority from the constitution. On the other hand, a state of emergency is typically governed by specific constitutional provisions or statutory laws that define the conditions under which it can be declared and the authorities granted to the executive during such a period.
Additionally, martial law is often associated with the suspension of civil law and the imposition of military rule, which may include curfews, travel restrictions, and the use of military force to maintain order. In contrast, a state of emergency may involve increased governmental powers and the deployment of additional resources to address the emergency, but it does not necessarily entail the suspension of civil authority or the transfer of power to the military.
Finally, the declaration of martial law is typically considered a last resort when all other attempts to maintain peace and order have failed. It is often implemented for a limited duration, as it can have damaging effects on a nation and its residents. In contrast, a state of emergency may be declared proactively to address an imminent threat or crisis, and it may be lifted once the situation has stabilized.
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Frequently asked questions
Martial law involves the temporary substitution of military authority for civilian rule. It is usually invoked in times of war, rebellion, or natural disaster. When martial law is in effect, the military commander of an area or country has unlimited authority to make and enforce laws.
In the US, both the President and Congress have the power, within certain constraints, to impose martial law. In nearly every state, the governor also has the power to impose martial law within the borders of the state.
Yes, martial law has been declared more than 60 times in US history, mostly by state and local officials. Notable examples include New Orleans during the Battle of New Orleans, after the Great Chicago Fire of 1871, and during the Civil Rights Movement in response to the Cambridge riot of 1963.
Curfews and limited mobility are often imposed, with checkpoints replacing everyday freedoms. Law and order become the priority, and the consequences for running afoul of the authorities can be severe.
Yes, martial law has been declared in several other countries, including Brunei, Bangladesh, Canada, China, India, and Pakistan.
