Keith Mack
Martial law is the temporary replacement of civilian government by military rule and the suspension of civilian legal processes for military powers. It is usually invoked in times of war, rebellion, or natural disaster. In the United States, martial law has been imposed at least 68 times, with 11 of those instances being in response to riots or civil unrest. For example, in 1934, California Governor Frank Merriam placed the docks of San Francisco under martial law, citing riots and tumult resulting from a dock worker's strike. Similarly, in 1963, Maryland Governor J. Millard Tawes imposed martial law on the city of Cambridge for over a year in response to violent clashes between racial justice advocates and segregationists. Outside of the US, martial law was declared in Daegu, South Korea, in response to the Daegu Riot in 1946.
| Characteristics | Values |
|---|---|
| Frequency of martial law in the US | 68 times |
| Reason for imposition of martial law | War or invasion (2 times), domestic war or insurrection (7 times), riot or civil unrest (11 times), labor dispute (29 times), natural disaster (4 times), other reasons (15 times) |
| Martial law in times of civil disorder | Declared 9 times since World War II |
| Martial law in India | Mentioned in Article 34 of the Indian Constitution |
| Martial law in the UK | References date back to 1628 |
| Martial law in Korea | Declared in October 1946 |
| Martial law in Thailand | 2006 and 2014 |
| Martial law in Egypt | 2013 |
| Martial law in China | 1989 |
| Martial law in Poland | 1981 |
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What You'll Learn
Martial law in the US
Martial law in the United States refers to the temporary replacement of civilian government by military rule and the suspension of civilian legal processes. It is usually invoked in times of war, rebellion, or natural disaster, or in cases of military coups d'état. In the US, martial law has been imposed at least 68 times, mostly in limited, local areas.
On a national level, both the US President and the US Congress have the power to impose martial law, as they can be in charge of the militia. However, the Posse Comitatus Act of 1878 forbids US military involvement in domestic law enforcement without congressional approval. Congress has created a dense network of rules that make it difficult for the president to act without their authorization.
In nearly every state, the governor also has the power to impose martial law within state borders. In the past, martial law has been declared in the US for various reasons, including war or invasion (twice), domestic war or insurrection (seven times), riot or civil unrest (eleven times), labor disputes (29 times), and natural disasters (four times). Notable instances of martial law being declared in the US include:
- Boston (1774) — In response to the Boston Tea Party, the British Parliament passed the Intolerable Acts, which placed Boston under martial law.
- Virginia (1775) — Lord Dunmore, the royal governor of Virginia, declared martial law and offered freedom to indentured servants and enslaved individuals who joined British forces against the rebelling colonists.
- New Orleans (1814) — General Andrew Jackson imposed martial law in New Orleans during the War of 1812.
- San Francisco (1906) — After the 1906 earthquake, federal troops were pressed into martial law service to maintain order and prevent fires from spreading.
- Lexington (1920) — Local leaders declared martial law to protect themselves from mob violence during the Lexington riots.
- Hawaii (1941-1944) — Martial law was imposed in Hawaii following the Japanese attack on Pearl Harbor.
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Martial law in other countries
Martial law has been imposed in several countries outside of the United States, often in response to civil unrest, insurrection, or natural disasters. Here are some examples:
Thailand
Martial law was imposed in Thailand in 2006 and 2014 after a coup d'état.
Egypt
Similarly, Egypt experienced martial law in 2013 following a coup.
China
In 1989, China imposed martial law in response to the popular Tiananmen Square protests.
Poland
Martial law was declared in Poland in 1981 to suppress political opposition.
Germany and Japan
Post-World War II reconstruction in Germany and Japan involved martial law due to the absence of stable civil governments.
Philippines
From 1972 to 1981, martial law was in force in the Philippines to suppress increasing civil strife and the threat of a communist takeover.
Syria
Syria experienced the longest continuous period of active martial law, from 1963 to 2011, triggered by a state of emergency following a coup d'état.
Indonesia
In 2003, the Indonesian Army Chief imposed martial law for six months to eliminate Acehnese separatists.
Lebanon
During the 2006 Lebanon War, Defense Minister Amir Peretz declared martial law in the north of the country, granting the Israel Defense Forces authority over civilians.
South Korea
South Korea has experienced martial law multiple times, including in 1946, 1948, 1960, and 1980, often in response to riots, uprisings, and political instability.
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Who can impose martial law
In the United States, martial law involves the temporary replacement of civilian authority by military rule and the suspension of civilian legal processes for military powers. On a national level, both the US President and the US Congress have the power, within certain constraints, to impose martial law since both can be in charge of the militia. In nearly every state, the governor has the power to impose martial law within the borders of the state.
In the history of the United States, martial law has been imposed at least 68 times, usually in limited, local areas. 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.
Martial law can be used by governments to enforce their rule over the public. It may be declared in cases of military coups d'état, to suppress political opposition, or to stabilize insurrections or perceived insurrections. It is also declared in cases of conflicts and in cases of occupations, where the absence of any other civil government provides for an unstable population.
In India, the sole mention of martial law in the constitution is in Article 34, which gives Parliament the power to indemnify persons in respect of acts done in territories where martial law was in force.
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The history of martial law
Martial law has been imposed in various countries and contexts throughout history, with different levels of authority and duration. Here is a chronological overview of some notable instances of martial law:
United States:
The concept of martial law in the United States is tied to the right of habeas corpus, which grants individuals the right to a hearing and trial before imprisonment. While the US President and Congress have the power to impose martial law, it has typically been declared in limited and localised areas.
During the American Revolutionary period, British authorities imposed martial law in several instances, such as in Boston (1774) after the Boston Tea Party, and in Virginia (1775), where Lord Dunmore, the royal governor, offered freedom to enslaved individuals who joined British forces. In 1776, martial law was imposed in New York City after its capture by the British to restore order.
In the 19th century, martial law was declared in New Orleans during the Battle of New Orleans and after the Great Chicago Fire of 1871. In the 20th century, it was imposed during riots and civil rights movements, such as the Omaha race riot of 1919, the 1920 Lexington riots, and the Cambridge riot of 1963.
Australia:
From 1828 to 1832, Tasmania experienced martial law during the Black War between British colonists and Aboriginal Australians. Lieutenant-Governor George Arthur's declaration effectively provided legal immunity for killing Aboriginal people and remains the longest period of martial law in the history of British colonies in Australia.
Philippines:
In September 1972, Ferdinand Marcos declared martial law in the Philippines, citing rising disorder from student demonstrations, communist insurgency, and the Muslim separatist movement. Marcos arrested opposition politicians and consolidated political and economic control, leading to growing disillusionment. Despite initial public support, Marcos' regime was marred by economic woes, corruption, and human rights abuses.
In 2009, President Arroyo placed the Province of Maguindanao under martial law after the massacre of 58 people by the Ampatuan clan, and in 2017, President Rodrigo Duterte declared martial law in the southern island of Mindanao following an attack by the Maute Group.
Pakistan:
In 1971, Zulfikar Ali Bhutto became the first civilian martial law administrator in recent history, imposing selective martial law in areas hostile to his rule, such as Balochistan. However, in 1977, General Muhammad Zia-ul-Haq overthrew Bhutto and imposed total martial law, which lasted until civilian government resumed in 1988 after Zia's death.
South Korea:
In April 1960, martial law was declared in the South Korean capital of Seoul following student-led demonstrations and riots over a disputed presidential election. In October 1979, martial law was again declared after the death of President Park Chung-Hee, leading to protests by students and workers.
China and Taiwan:
After the Chinese Communist Party gained control of mainland China in 1949, the Nationalist government retreated to Taiwan and maintained martial law until 1987 to suppress Communist activities. In 1989, martial law was imposed in Beijing following the Tiananmen Square protests.
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The legality of martial law
Martial law is the temporary replacement of civilian government by military rule and the suspension of civilian legal processes for military powers. It is usually invoked in times of war, rebellion, or natural disaster. It can also be declared in instances of military coups d'état, civil unrest, or when a government is threatened by popular protest.
In the United States, martial law may be declared by proclamation of the President or a State governor, but a formal proclamation is not necessary. The US Constitution does not make any specific provision for the imposition of martial law, but nearly every state has a constitutional provision authorizing the government to impose it. On a national level, the US President and the US Congress have the power, within certain constraints, to impose martial law since both can be in charge of the militia. In nearly every state, the governor also has the power to impose martial law within the borders of the state.
In India, the sole mention of martial law in the constitution is in Article 34, which gives Parliament the power to indemnify persons in respect of acts done in territories where martial law was in force. However, the Indian Supreme Court has declared that certain rights of life and liberty are natural rights that cannot be curbed by the state.
In Egypt, the military gained all powers of the state under martial law, including dissolving parliament and suspending the constitution. In Thailand, martial law was used by the government to enforce their rule over the public in 2006 and 2014. In China, martial law was declared during the Tiananmen Square protests in 1989.
Martial law has been imposed at least 68 times in limited, usually local areas of the United States. It has been declared nine times since World War II and, in five instances, was designed to counter resistance to Federal desegregation decrees in the South.
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Frequently asked questions
Martial law is the temporary replacement of civilian government by military rule and the suspension of civilian legal processes for military powers.
Yes, riots can cause martial law. Martial law has been imposed 11 times in the United States for riots or civil unrest. For example, in 1934, California Governor Frank Merriam placed the docks of San Francisco under martial law, citing "riots and tumult" resulting from a dock worker's strike.
On a national level, both the US President and the US Congress have the power, within certain constraints, to impose martial law. In nearly every state, the governor has the power to impose martial law within the borders of the state.
During martial law, military commanders have virtually unlimited authority to make and enforce laws. Martial law suspends all existing laws, as well as civil authority and the ordinary administration of justice.
Yes, martial law has been imposed at least 68 times in limited, usually local areas of the United States. Martial law was last officially declared in the US in 1963.
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