Keith Mack
Martial law is a legal term referring to the temporary substitution of military rule for civilian governance and law enforcement. It is usually invoked during times of war, rebellion, or natural disaster, or in the case of military coups d'état. During martial law, standard civil liberties may be suspended, and military leaders may detain people and take over local governments. While martial law is intended to maintain order and control the population in times of extreme emergency, there have been instances where it has resulted in military brutality and the killing of civilians. For example, during the Kafr Qasim massacre in 1956, the Israeli military, under martial law, killed 48 people, including women and children.
| Characteristics | Values |
|---|---|
| Definition | Martial law is the temporary substitution of civilian government by military rule and the suspension of civilian legal processes for military powers. |
| Declaration | In the United States, martial law may be declared by proclamation of the President or a State governor, but such a formal proclamation is not necessary. Nearly every state has a constitutional provision authorizing the government to impose martial law. |
| Purpose | To create order and control the population in times of extreme emergencies when existing civilian government and law enforcement have ceased to function or become ineffective. |
| Examples of Actions | Curfews for citizens, restricting public gatherings, detaining people, and taking over local governments and their responsibilities. |
| Limitations | In United States law, martial law is limited by several court decisions handed down between the American Civil War and World War II, including the Posse Comitatus Act, which forbids US military involvement in domestic law enforcement without congressional approval. |
| Civilian Rights | Standard civil liberties may be suspended for as long as martial law continues. Military tribunals for civilians are unconstitutional unless there are no civilian courts available. |
| Examples | Martial law has been declared in the United States at least 68 times. One example is in 1892 in Coeur d'Alene, Idaho, where striking mineworkers caused an explosion that killed one person. Another example is in Syria, where martial law was in effect from the 1963 coup d'état until 2011, making it the longest-ranging period of active martial law. |
| Civilian Casualties | There have been instances of military brutality during martial law, such as the Kafr Qasim massacre in 1956, where the Israel Border Police killed 48 people, including 23 children. |
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What You'll Learn
The legality of martial law
Martial law involves the temporary substitution of military authority for civilian rule. It is usually invoked in times of war, rebellion, or natural disaster. While some countries have provisions explicitly permitting the use of martial law, many do not. For example, the US Constitution does not explicitly provide for the imposition of martial law, but nearly every state has a constitutional provision authorizing the government to impose it. In the US, martial law has been imposed in limited circumstances, such as during the Whiskey Rebellion, the Civil Rights Movement, and in response to riots and protests.
In other countries, martial law has been imposed in various situations, such as after a coup d'état, to suppress political opposition, or during occupations and conflicts. For example, in Egypt in 2013, martial law was imposed, and the military gained the power to dissolve parliament and suspend the constitution. In some cases, martial law has been used to justify violence against civilians, as in Tasmania during the Black War, when martial law effectively provided legal immunity for killing Aboriginal people.
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Instances of martial law resulting in civilian deaths
Martial law involves the temporary substitution of military authority for civilian rule and 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. While martial law is meant to be invoked to restore peace and order, there have been instances where it has resulted in civilian deaths.
One notable example of civilian deaths during martial law is the Ludlow Massacre in 1914, which arose from the Colorado Coalfield War. The conflict between miners and the mine owners had been ongoing for decades, but it escalated in 1913 in Ludlow, Colorado. The Colorado National Guard was initially called in to quell the strikers, but the situation deteriorated as the makeup of the Guard shifted from impartial troops to companies of loyal mine guards. The governor eventually proclaimed martial law, which resulted in the Ludlow Massacre.
Another instance of civilian deaths during martial law occurred in Poland in 1981. Approximately 91 deaths are attributed to this period, including 9 miners shot by the police force during the pacification of the striking Wujek Coal Mine. Curfews, censorship, and food rationing were in place during this time, and a nationwide travel ban was imposed. While some viewed martial law as necessary to prevent a potential Soviet military intervention, others believed it was an excessive use of power.
In 2021, Myanmar's military, called the Tatmadaw, overthrew the democratically elected members of the National League for Democracy and established a military junta. In response, factory workers in Yangon held protests against the coup regime. Security forces killed upwards of 65 protestors in Hlaingtharyar, leading to the declaration of martial law in the region. Since the coup and the imposition of martial law, military tribunals have sentenced more than 100 people to death.
Additionally, in the United States, there have been several instances where martial law resulted in civilian deaths or contributed to violent confrontations. For example, in 1892, striking mineworkers in Coeur d'Alene, Idaho, blew up a mill and shot at strike-breaking workers, killing one person. The governor declared martial law, and over 600 people were arrested. Similarly, in 1934, California Governor Frank Merriam placed the docks of San Francisco under martial law due to "riots and tumult" caused by a dock worker's strike. While the National Guard was able to open the docks, the situation involved the use of force and the threat of placing the entire city under martial law.
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Martial law and the suspension of civil liberties
Martial law is a legal term referring to the temporary substitution of civilian government by military rule and the suspension of civilian legal processes for military powers. It is usually invoked in times of war, civil unrest, natural disasters, or military coups d'état. During martial law, standard civil liberties are often suspended, and military leaders may create and enforce their own laws, detain people, and take over local governments.
In the United States, martial law has been declared at least 68 times, and nearly every state has a constitutional provision authorizing the government to impose it. However, the President does not have the authority to declare martial law unilaterally. While the Insurrection Act allows the President to deploy military forces domestically to enforce federal laws and maintain order, it does not grant them the power to replace civilian authorities with military rule.
During periods of martial law, civilian laws are suspended, and military leaders may detain people and restrict civil liberties, such as imposing curfews and limiting public gatherings. One example of this was in 1892, when striking mineworkers in Coeur d'Alene, Idaho, blew up a mill and shot at strike-breaking workers. The governor declared martial law, and over 600 people were arrested. The military courts tried two dozen ringleaders, and the mine workers formed a new union while imprisoned.
The legality of martial law and the suspension of civil liberties has been examined by the Supreme Court, which established that trying civilians in military tribunals was unconstitutional unless no civilian courts were available. The Posse Comitatus Act, passed by Congress in 1878, also forbids US military involvement in domestic law enforcement without congressional approval. These limitations aim to protect the rights of citizens and ensure that martial law is only implemented in extreme emergencies when civilian governance has ceased to function effectively.
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The role of the military during martial law
Martial law involves the temporary substitution of military authority for civilian rule and 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. Martial law is justified when civilian authority has ceased to function, is completely absent, or has become ineffective.
The military's role during martial law is to enforce the will of the executive branch of the government, which has been granted emergency powers. This can include imposing strict curfews and travel restrictions, as well as suspending civil rights and civil law. The military also has the power to arrest and detain civilians, including those who criticize or oppose martial law, and to try them in military courts. In some cases, martial law has provided legal immunity for killing civilians, as was the case during the Black War in Tasmania in the 1820s and 1830s, when the killing of Aboriginal people was effectively legalized.
In the United States, martial law may be declared by proclamation of the President or a State governor, although such a formal proclamation is not necessary. Both the President and Congress have the power to impose martial law, and in nearly every state, the governor also has this power. However, the Posse Comitatus Act, passed by Congress in 1878, forbids US military involvement in domestic law enforcement without congressional approval. This act has been used to limit the President's ability to federalize National Guard troops for martial law purposes.
Historically, martial law has been imposed during conflicts and in cases of occupation, where the absence of civil government has led to an unstable population. Examples include post-World War II Germany and Japan, the Reconstruction Era in the former Confederate States of America, and the British occupation of northern France after the Franco-Prussian War. The British Empire also commonly used martial law during insurgencies in its colonies, such as the Arab Revolt in Palestine.
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Who can declare martial law
In the United States, martial law has been imposed at least 68 times, mostly in limited, local areas. It involves the temporary substitution of military authority for civilian rule and 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.
While the US Constitution does not define martial law, it is silent on who can impose it. Modern interpretation allows the president and state officials to declare "degrees of martial law in specific circumstances". However, the Constitution does not explicitly grant the president the power to declare martial law. Some scholars believe the president has the executive power to declare martial law, while others argue that congressional authorization is required. The Supreme Court has never explicitly ruled on the legal basis for martial law, and its statements on the matter have been inconsistent.
State governors have the power to impose martial law within their state borders, and nearly every state has a constitutional provision authorizing the government to impose it. Governors have historically declared martial law in their states during times of civil unrest, riots, and natural disasters.
Outside the United States, martial law has been declared in various countries, including Canada, India, China, Pakistan, Bangladesh, and Egypt. In some cases, it has been used to enforce government rule, suppress political opposition, or stabilize insurrections.
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Frequently asked questions
Martial law is the replacement of civilian government by military rule and the suspension of civilian legal processes for military powers.
In the United States, martial law may be declared by proclamation of the President or a State governor, but such a formal proclamation is not necessary. Congress might be able to authorize a presidential declaration of martial law, but this has not been conclusively decided. State officials do have the power to declare martial law.
During martial law, the military commander of an area or country has unlimited authority to make and enforce laws. All civilian laws are suspended, and military leaders may create and enforce their own. Military leaders may also detain people and take over local governments and their responsibilities.
Martial law is intended to be reserved for times of extreme emergencies when civilian government and law enforcement have ceased to function or become ineffective. The purpose is to maintain order and control the population. While martial law does not explicitly permit the killing of civilians, it has been associated with instances of military brutality and the suspension of civil liberties, including the right to a trial by a civilian court.
Martial law has been declared at least 68 times in the United States. Examples include the period following the Japanese attack on Pearl Harbor in 1941, the use of federal troops to enforce desegregation in Arkansas in 1956, and the declaration of martial law in Coeur d'Alene, Idaho, following a violent strike by mineworkers in 1892.
