Kara Sears
Martial law refers to 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, including the use of military tribunals. While martial law is intended to restore order in chaotic situations, there have been instances where its imposition has resulted in human rights abuses and loss of life. For example, during the 2020 Nagorno-Karabakh war, the Azerbaijani president declared martial law, and in Myanmar, more than 100 people have been sentenced to death by military tribunals following the declaration of martial law.
| Characteristics | Values |
|---|---|
| Martial law | Involves the temporary substitution of military authority for civilian rule |
| Instances | Declared over 60 times in the US; 9 times since World War II |
| Who can declare it? | The US Constitution does not specify who can declare it; throughout history, several presidents and state governors have imposed or approved declarations of martial law |
| Military authority | Military commander has unlimited authority to make and enforce laws |
| Military brutality | During martial law, the Israeli army ordered that all Arab villages in the proximity of the Green Line be placed under curfew, leading to the Kafr Qasim massacre in 1956, where 48 people were killed |
| Civil authority | Martial law suspends all existing laws, civil authority, and the ordinary administration of justice |
| Civil rights | President Lincoln imposed martial law on Kentucky, Maryland, and Missouri, suspending civil rights throughout the entire United States |
| Military tribunals | In the US, civilians may not be tried by military tribunals as long as civilian courts are functional |
| Military trials | Since the military coup in Myanmar in February 2021 and the subsequent declaration of martial law, military tribunals have sentenced more than 100 people to death |
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What You'll Learn
Military brutality
Martial law is the temporary substitution of civilian authority with military rule, usually invoked in times of war, rebellion, or natural disaster. It involves the suspension of civil authority, civil rights, and habeas corpus, and the application of military law or military justice to civilians. While martial law is often associated with the imposition of curfews and the use of military force to maintain order, it can also result in military brutality and human rights violations.
One of the most well-known examples of military brutality during martial law is the Kafr Qasim massacre in 1956. In this incident, the Israel Border Police killed 48 people, including 23 children, as they were returning home from work after a curfew had been imposed without prior notification. Another example of military brutality during martial law occurred in Myanmar in 2021, when security forces killed upwards of 65 protestors following a coup by the military junta. The subsequent declaration of martial law in various regions of the country has resulted in military tribunals sentencing more than 100 people to death.
In the United States, martial law has been declared multiple times throughout history, often in response to foreign attacks, major disasters, or civil unrest. For example, President Lincoln imposed martial law on Kentucky, Maryland, and Missouri during the Civil War, and it was also declared in New Orleans during the Battle of New Orleans and in Chicago after the Great Chicago Fire of 1871. While martial law can be necessary to restore order in times of emergency, it has also been associated with human rights violations and the suspension of civil liberties.
During the British rule in Australia, Lieutenant-Governor George Arthur declared martial law in Tasmania in 1828, providing legal immunity for killing Aboriginal people during the Black War. This period of violent conflict between British colonists and Aboriginal Australians lasted until 1832, and the martial law remained in force for over three years, making it the longest period of martial law in the history of British colonies in Australia. More recently, in 2020, martial law was declared by the Armenian prime minister during the Nagorno-Karabakh war and by the Azerbaijani president during an anti-government uprising.
While martial law can be a necessary tool for restoring order and stability in times of emergency, it is important to recognize that it can also lead to military brutality and human rights violations. The suspension of civil liberties and the concentration of power in the hands of the military can result in the abuse of authority and the infringement of the rights of citizens. As such, the imposition of martial law should be carefully considered and monitored to ensure that it does not lead to excessive use of force or the violation of human rights.
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The suspension of civil rights
Martial law is the temporary substitution of civilian government by military rule and the suspension of civilian legal processes in favour of military powers. It is usually invoked in times of war, rebellion, or natural disaster, or in response to civil unrest and riots. During martial law, the military commander of an area or country has virtually unlimited authority to make and enforce laws, and standard civil liberties may be suspended.
In the United States, martial law has been invoked in a limited number of circumstances, such as in New Orleans during the Battle of New Orleans, after major disasters, like the Great Chicago Fire of 1871, or during riots, like the Omaha race riot of 1919. It has also been declared by renegade local leaders seeking to avoid arrest or challenges to their authority, like in Nauvoo, Illinois, during the Illinois Mormon War.
During the West Virginia Coal Wars (1920-1921), martial law was declared in the state of West Virginia. The army officer in charge, acting under the Suspension Clause of Article I of the United States Constitution, jailed union miners without any sort of trial. Similarly, in 1857, fearing that a large U.S. military force had been sent to annihilate them, the Mormons made preparations for defence, and Brigham Young, the governor at the time, publicly declared martial law in Utah. He forbade "all armed forces of every description from coming into this Territory, under any pretense whatsoever".
In other countries, martial law has also been used to suppress political and civil rights. For example, in Egypt, under martial law, the military gained the power to dissolve parliament and suspend the constitution, with military announcements becoming the de facto constitution and legal framework. In Iran, in 1978, in response to public demonstrations, the Shah appointed a military governor for Tehran and other cities, after which the army opened fire on protesters. In Myanmar, since the military coup in February 2021 and the subsequent declaration of martial law, military tribunals have sentenced more than 100 people to death.
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Unchecked military power
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 virtually unlimited authority to make and enforce laws, and civilian authority is suspended.
Throughout history, there have been numerous instances of martial law being declared, and in some cases, this has resulted in unchecked military power. One example is the Black War in Tasmania between British colonists and Aboriginal Australians in the 1820s and 1830s. During this conflict, Lieutenant-Governor George Arthur declared martial law, effectively granting legal immunity for killing Indigenous people. This declaration of martial law lasted over three years, the longest period in the history of British colonies in Australia.
Another instance of unchecked military power occurred in Myanmar in 2021, when the military, known as the Tatmadaw, overthrew the democratically elected National League for Democracy. Protests against the coup regime were met with deadly force, with security forces killing upwards of 65 protestors. The military junta then declared martial law in the region of Yangon and other industrial zones. Since the coup, military tribunals have sentenced more than 100 people to death.
In 1956, Israel Border Police killed 48 people, including 23 children, in the Kafr Qasim massacre. This incident occurred under martial law, when the Israeli army had ordered a curfew on Arab villages without properly notifying the residents.
In 2015, Thailand's unelected prime minister, General Prayut Chan-o-cha, lifted martial law but invoked section 44 of the interim constitution to grant himself broad powers to address "national security threats." This move raised concerns about unchecked military power.
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The role of the President
The interpretation of the President's role in declaring martial law has evolved. Modern interpretation allows the President and state officials to declare "degrees of martial law" in specific circumstances. However, some scholars argue that the President needs congressional authorization to impose martial law in civilian areas, limiting their unilateral power. This ambiguity in the President's authority to declare martial law stems from the Constitution's silence on the matter and the absence of a precise definition of martial law.
The President's role in imposing martial law is further complicated by the involvement of other governmental branches. State governors or legislatures also possess the power to impose martial law, and in some instances, they may request federal aid to suppress insurrections. The Supreme Court has also played a role in interpreting the use of martial law, ruling on cases challenging the imposition of martial law, such as Ex parte Milligan in 1866.
While the President's power to declare martial law remains a subject of debate, it is clear that the President can play a significant role in its imposition. The interpretation of their authority is shaped by historical context, constitutional provisions, and the involvement of other governmental branches. Ultimately, the President's ability to declare martial law may depend on the specific circumstances and the relationship between the executive and legislative branches at the time.
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Martial law in the US
Martial law in the United States refers to the temporary substitution of military authority for civilian rule. It is typically invoked during times of war, rebellion, or natural disaster when civilian authority has ceased to function or is deemed ineffective. In the US, martial law may be declared by the President or a State governor, although such a formal proclamation is not always necessary.
Historically, martial law has been imposed at least 68 times in limited, usually local areas across the country. Notable instances include:
- Chicago, Illinois, after the Great Chicago Fire of 1871
- San Francisco, California, following the 1906 earthquake
- New Orleans, Louisiana, during the Battle of New Orleans
- Hawaii after Japan's attack on Pearl Harbor
- Utah during the Utah War between the Mormons and US forces in 1857
- Nauvoo, Illinois, during the Illinois Mormon War
- Kentucky, Maryland, and Missouri during the American Civil War in 1863
The imposition of martial law in the US is closely tied to the right of habeas corpus, which grants individuals the right to a hearing and trial on lawful imprisonment. While martial law grants military commanders the authority to suspend existing laws and civil authority, they are limited in their ability to enforce civil law and cannot try civilians in military tribunals as long as civilian courts are functional.
In recent years, there have been discussions and attempts to amend the laws surrounding the imposition of martial law in the US. In 2006, amendments to the Insurrection Act of 1807 expanded the President's powers to use the military for domestic disturbances, terrorism, and insurrection. However, these amendments were later challenged in Senate hearings in 2007.
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Frequently asked questions
Martial law refers to when a nation's armed forces assume the governance of an area, usually in response to war, rebellion, or natural disaster.
Yes, martial law can be deadly. For example, during martial law in Myanmar in 2021, security forces killed over 65 protestors. In 1956, during a period of martial law in Israel, the Israeli army ordered a curfew that resulted in the killing of 48 people.
The US Constitution does not define martial law and does not specify who can declare it. While the US President does not have the conclusive authority to impose martial law, several presidents throughout history have done so.
Yes, martial law has been declared in the United States over 60 times. Some instances include:
- In 1871, after the Great Chicago Fire
- In 1906, after the San Francisco earthquake
- In 1934, during the West Coast waterfront strike in San Francisco
- In 1941, after the Japanese attack on Pearl Harbor
- In 1961, during the Baltimore secessionist railroad links blockage
While the military commander's authority under martial law is virtually unlimited, there are some limitations. For example, civilians cannot be tried by military tribunals as long as civilian courts are functional. Additionally, the military's domestic activities are typically limited to assisting civilian authorities in non-law enforcement functions or, less frequently, law enforcement activities.
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