Cecily Zamora
Martial law is a system of rules that is enforced by the military rather than by the regular courts. It is typically declared in response to foreign invasion, civil war, widespread civil unrest, natural disasters, or the complete breakdown of civil order. In the United States, the President has the power to declare martial law, although this power is not without limits. There have been concerns that martial law could be used to delay or overturn an election, as was seen in Myanmar in 2021 when the democratically elected members of the National League for Democracy were overthrown by the military. However, legal experts have stated that the President of the United States cannot lawfully delay or suspend the outcome of an election by invoking martial law.
| Characteristics | Values |
|---|---|
| Who can declare martial law? | The President or state governors in their respective states (unless barred by the state constitution) |
| When can martial law be declared? | In the case of an invasion or attack by a foreign power, armed rebellion, widespread civil unrest, natural disasters or the complete breakdown of civil order |
| What does martial law entail? | Curfews, limited mobility, suspension of civil liberties, arrest and punishment by military commanders, etc. |
| Can martial law delay an election? | No, the President of the United States has no lawful authority to reverse or suspend the outcome of an election by invoking martial law. |
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What You'll Learn
Martial law and human rights abuses
Martial law is a system of rules that is implemented during wartime or civil disorder and which grants the military the power to govern and administer typically civilian functions. While it can be established validly and constitutionally in such situations, it has often been associated with human rights abuses.
One of the most well-known examples of human rights abuses during martial law occurred in the Philippines under the dictatorship of President Ferdinand Marcos in the 1970s and 1980s. Marcos imposed martial law in 1972, and his regime was marked by 3,257 known extrajudicial killings, 35,000 documented tortures, 737 'disappearances', and 70,000 incarcerations. Some victims were subjected to cannibalism, and their mutilated bodies were dumped in public places to sow fear in the population. In addition to targeting political opponents, Marcos' forces also went after student activists, journalists, religious workers, farmers, and others who fought against his dictatorship. International pressure eventually led to the end of some of these practices, but the country continues to struggle with providing reparations to victims and their families.
Another example of human rights abuses during martial law occurred in Myanmar in 2021 when the democratically elected members of the National League for Democracy were overthrown by the military, which placed itself in power. Protests against the coup regime were met with violence, and security forces killed upwards of sixty-five protestors in the town of Hlaingtharyar.
Israel also provides an example of martial law and human rights abuses. From the 1950s to 1966, martial law was imposed on Arab citizens living in predominantly Jewish cities, and military rule was enforced on the remaining Arab population within Israel. This period was marked by an extreme crackdown on political rights, unaccountable military brutality, and the prohibition of most political and civil organization.
Martial law has also been imposed in Pakistan on two occasions, first in 1958 and then in 1969. While specific information on human rights abuses during these periods is not readily available, it is important to note that the imposition of martial law often results in the suspension of civil liberties and the concentration of power in the hands of the military, which can create an environment conducive to human rights violations.
In conclusion, while martial law can be a necessary measure during times of war or civil disorder, it has often been associated with human rights abuses, including extrajudicial killings, torture, disappearances, and the suppression of political and civil rights. It is crucial that any implementation of martial law is accompanied by strong oversight and accountability measures to prevent such abuses and ensure the protection of human rights.
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Martial law and the suspension of elections
Martial law is a system of rules that is established in times of emergency or disorder. It is typically declared by the executive branch of the government, such as the president or state governor, and gives the military enhanced powers to maintain peace and order. In the United States, the president can declare martial law in the event of an invasion or attack by a foreign power, armed rebellion, widespread civil unrest, natural disasters, or the complete breakdown of civil order.
The suspension of elections is a complex issue that has occurred in some instances of martial law. For example, in Pakistan, General Muhammad Ayub Khan deposed President Iskander Mirza after the latter declared martial law in 1958, and General Agha Mohammad Yahya Khan abrogated the Constitution of 1962 during the second imposition of martial law in 1969. In Myanmar, democratically elected members of the National League for Democracy were overthrown by the military in 2021, leading to protests and the declaration of martial law.
However, it is important to note that the suspension of elections is not a direct consequence of martial law. In the United States, the Supreme Court has ruled that the president cannot simply declare martial law at their whim. There must be a state of invasion or insurrection, and conventional civil courts and authority must have collapsed. Even with the declaration of martial law, elections may still take place, as seen in the Philippines during the Marcos regime, where there were widespread allegations of fraud in the 1986 snap elections.
While martial law may provide the military with increased powers, it does not necessarily grant them the authority to suspend elections. The specific impact of martial law on elections can vary depending on the country's legal framework and the circumstances surrounding the declaration of martial law.
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Martial law vs. state of emergency
Martial law is a set of regulations enforced by the military during times of extreme conflict or emergency. It is typically declared by the highest civilian leader, such as a nation's president, and is meant to be a last resort to restore peace and order. Martial law can be established in the event of a coup d'état, popular protest, natural disaster, or foreign invasion, among other crises. It grants the military the power to govern and enforce laws, bypassing the usual civil administration.
A notable example of martial law was seen in the Philippines under the rule of Ferdinand Marcos. During this period, human rights abuses by the military, economic downturns, and political assassinations contributed to growing dissent. This ultimately led to the People Power Revolution in 1986, which ended Marcos' regime.
On the other hand, a state of emergency is a period of governance initiated by the highest authority, such as a president, in response to exceptional circumstances. It grants the government and military additional powers to address the emergency. While a state of emergency can also be declared during times of political unrest or natural disasters, it typically does not involve the same level of military rule as martial law. Instead, it may involve the suspension of certain civil liberties and the increased authority of law enforcement agencies.
For instance, in Egypt, states of emergency were in effect almost continuously from 1967 to 2021. During this period, military courts were empowered to try civilians, and the government was authorized to detain individuals deemed threats to state security without court orders. Public demonstrations were also banned.
In summary, while both martial law and a state of emergency involve a heightened level of governmental or military intervention, martial law typically indicates a more severe breakdown of civil governance, with the military taking on a direct administrative role. A state of emergency, on the other hand, often involves a more targeted response to a specific crisis while still maintaining some level of civilian leadership.
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The legality of martial law
International law typically reserves the ability to impose martial law for the executive branch of governments. In the United States, the President has the power to declare martial law, as seen in the case of President Iskander Mirza in Pakistan in 1958. State governors can also declare martial law within their respective states unless barred by the state constitution. However, there are historical limits on when and for how long a President can maintain a declaration of martial law. It is generally agreed that martial law should only be implemented in cases of foreign invasion, civil war, or widespread civil unrest when the conventional court system and civil authority have collapsed. In the US, the Supreme Court has ruled that martial law cannot exist when the courts are functioning and that it is a "gross usurpation of power" for it to continue after the courts are reinstated.
The declaration of martial law can also have implications for elections. While it does not directly delay an election, it can impact the electoral process by influencing voter behaviour and the actions of those in power. In the lead-up to the 2020 US election, concerns were raised about President Donald Trump's executive orders, which were seen as a potential encroachment towards martial law. Trump backers suggested that he could use martial law combined with the Insurrection Act to overturn Joe Biden's victory. However, legal experts argued that Trump could not stay in power by declaring martial law and that deploying troops under the Insurrection Act would not result in martial law.
In conclusion, the legality of martial law depends on the specific circumstances and the jurisdiction in question. While it can be a necessary tool for restoring order in times of crisis, it must be used judiciously to prevent human rights abuses and the suspension of civil liberties. The potential impact on elections further underscores the importance of understanding the legality and appropriate use of martial law.
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The history of martial law
Martial law has been imposed in various countries throughout history, including the United States, the United Kingdom, Pakistan, the Philippines, China, Egypt, Mauritius, Myanmar, and Syria. It is worth noting that the term "martial law" carries no precise meaning, and its interpretation and implementation can vary across different legal systems.
In the United States, martial law refers to instances where a region, state, city, or the entire nation is placed under the control of a military body. While both the US President and Congress have the power to impose martial law, it is limited by several court decisions and the Posse Comitatus Act, which forbids US military involvement in domestic law enforcement without congressional approval. Notable instances of martial law in the US include New Orleans during the Battle of New Orleans, Boston in response to the Boston Tea Party, and Virginia during the American Revolutionary period.
In the United Kingdom, martial law was imposed in Tasmania during the Black War, a period of violent conflict between British colonists and Aboriginal Australians from the mid-1820s to 1832. Lieutenant-Governor George Arthur's declaration of martial law effectively provided legal immunity for killing Aboriginal people.
Pakistan has experienced multiple periods of martial law, with the first being declared in 1958 by President Iskander Mirza, who appointed General Muhammad Ayub Khan as the Chief Martial Law Administrator. General Ayub later deposed President Mirza and assumed the presidency, formalizing the militarization of the political system.
The Philippines has also had a history of martial law, most notably during the regime of President Ferdinand Marcos, which was characterized by human rights abuses, economic downturns, and widespread electoral fraud. This period of martial law ended with the 1986 People Power Revolution that ousted Marcos. More recently, in 2017, President Rodrigo Duterte declared martial law in the southern island of Mindanao due to attacks by the Maute Group.
China experienced a lengthy period of martial law in Taiwan, which lasted from 1949 to 1987, as a rationale to suppress Communist activities. Additionally, martial law was imposed in Beijing in 1989 following the Tiananmen Square protests.
Egypt maintained a state of emergency from 1967 to 2021, granting military courts the power to try civilians and detain individuals deemed threatening to state security.
Mauritius has a unique system where the police can arrest individuals based on "provisional information" and place them on remand or bail, which has been criticized for its potential for intimidation and coercion.
In Myanmar, the military, known as the Tatmadaw, overthrew the democratically elected National League for Democracy in 2021 and imposed martial law, leading to protests and the killing of protestors by security forces.
Syria experienced one of the longest periods of martial law from 1967 to 2011.
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Frequently asked questions
Martial law can be validly and constitutionally established by supreme political authority in wartime. However, it does not give the president the power to delay an election.
Martial law is a system that gives the military the authority to govern instead of the usual civilian government.
Yes, state governors can declare martial law in their respective states unless barred by the state constitution.
Martial law can only be declared in the case of an invasion or insurrection. It can never exist where the courts are open and civil authority is still functioning.
No, the president has no lawful authority to reverse or suspend the outcome of an election by invoking martial law.
