Cecily Zamora
The United Nations (UN) is a global organisation that works towards international peace and security, but can it declare martial law? Martial law is an emergency measure that allows the military to temporarily take control of a civilian area and impose its own rules, often suspending civil freedoms and constitutional rights. While the UN's role is to maintain peace, it does not have the authority to declare martial law in any country. Instead, the power to declare martial law typically lies with the leader or legislative body of a nation, such as a president or governor, and it is used as a last resort during times of extreme unrest or natural disasters.
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What You'll Learn
Who can declare martial law in the US?
The US Constitution does not define martial law, nor does it explicitly grant the power to declare it. However, according to national security law scholar Joseph Nunn, martial law is a "dramatic departure from normal practice in the United States". The Posse Comitatus Act, enacted by Congress in 1878, prevents the US military from participating in civilian law enforcement activities, further complicating the declaration of martial law.
Despite the lack of a clear constitutional mandate, the US President is generally understood to possess some degree of authority to declare martial law, as several presidents have done so throughout history. Notably, President Lincoln imposed Congressionally-authorized martial law on Kentucky, Maryland, and Missouri during the Civil War, suspending habeas corpus and civil rights. Additionally, the Insurrection Act of 1807 empowers the President to deploy military forces to address rebellions and assist local law enforcement in dealing with domestic violence.
State officials, including governors, also possess the power to declare martial law within their respective states, particularly in response to violent civil unrest, natural disasters, or labour disputes. Nearly every state has a constitutional provision authorizing the imposition of martial law.
While the exact boundaries of their authority may be unclear, both the President and Congress have some control over America's military forces and can be in charge of the militia, enabling them to impose martial law within certain constraints.
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What is martial law?
Martial law is a legal concept that allows a nation's military to assume governance of a particular area, typically in response to war, invasion, insurrection, civil unrest, or natural disaster. It involves the temporary suspension of local laws, civil authority, and sometimes local judiciaries, with a military commander enforcing their own rules and laws. This grants them virtually unlimited authority to govern an area.
In the United States, the declaration of martial law is a rare occurrence, with no explicit constitutional right to do so. The US Constitution does not define martial law and does not specify who can impose it. While the President of the United States is considered the Commander-in-Chief of the armed forces, the Constitution does not explicitly grant the President the power to declare martial law. The Supreme Court has also never specifically ruled that the President or federal government can declare it. However, several presidents throughout history have done so, and modern interpretation allows the President and state officials to declare "degrees of martial law in specific circumstances." Additionally, the Insurrection Act, enacted in 1807, allows the President to deploy military forces domestically to suppress insurrections, rebellions, or domestic violence when necessary to enforce federal laws and maintain public order.
State officials, such as governors, have more explicit authority to declare martial law within their states, particularly during labour unrest or natural disasters. Throughout history, martial law has been imposed at least 68 times in limited, usually local areas of the United States. Examples include the Utah War in 1857, the Great Chicago Fire of 1871, and the 1906 San Francisco earthquake.
While the ability to suspend habeas corpus, or the right to a hearing and trial on lawful imprisonment, is related to the imposition of martial law, the suspension of habeas corpus has only occurred once federally in 1863 during the Civil War.
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Why declare martial law?
Declaring martial law is a rare and significant decision for a civilian government, as it involves ceding control of a country to the military. This means that elected governments are no longer in power, and there is no guarantee that control will be reclaimed in the future.
Martial law is typically declared in an emergency, in response to a crisis, or to control occupied territory. Historically, it has been declared in response to violent civil unrest, natural disasters, labour strikes, and to suppress political opposition. For example, in the United States, martial law has been declared in response to the Omaha race riot of 1919, the Great Chicago Fire of 1871, and the San Francisco earthquake of 1906. In 1857, it was declared in Utah during the Utah War, and in 1941, it was imposed in Hawaii following the Japanese attack on Pearl Harbor.
In the United States, the power to declare martial law rests with the President and Congress, although this is subject to certain constraints. State officials also have the power to declare martial law, but their actions must abide by the U.S. Constitution and are subject to review in federal court. Historically, martial law has been declared far more often by governors than the President. International laws may also limit the scope and duration of martial law if a country has signed a multilateral treaty.
The decision to declare martial law is often a last resort, reserved for situations where law and order are rapidly deteriorating. This is because, when martial law is declared, civil liberties such as the right to free movement, free speech, and protection from unreasonable searches may be suspended. The justice system is replaced with a military justice system, and civilians may be arrested for minor offenses or for violating curfews.
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Martial law in US history
In the United States, martial law has been imposed at least 68 times, mostly in limited, local areas. While the US Constitution does not explicitly provide the federal government or the president with the right to declare martial law, legal scholars interpret the law to allow for its implementation in times of necessity. The US President and Congress can be in charge of the militia, and therefore have the power to impose martial law within certain constraints. However, the president's authority to declare martial law unilaterally is unclear and subject to debate. Congress may be able to authorize a presidential declaration of martial law, but this has not been conclusively decided.
Historically, martial law has been used in the US in a limited number of circumstances. For instance, it was declared in New Orleans during the Battle of New Orleans in 1812, and after major disasters, such as the Great Chicago Fire of 1871 and the 1906 San Francisco earthquake. It has also been imposed during riots and civil unrest, such as the Omaha race riot of 1919, the Lexington riots of 1920, and the Cambridge riot of 1963 during the Civil Rights Movement. In addition, martial law has been used to break labour strikes, such as the Western Federation of Miners' peaceful strike in 1903, and in response to violent civil unrest, like the Akron Riot of 1900.
During the Utah War in 1857, Governor Brigham Young declared martial law in Utah to prevent the approaching US military forces from entering the territory. Similarly, during the Illinois Mormon War, local leaders in Nauvoo, Illinois, declared martial law to protect themselves from mob violence. In 1871, Chicago mayor Roswell B. Mason declared martial law after the Great Chicago Fire, placing General Philip Sheridan in charge of the city. In 1933, Georgia Governor Eugene Talmadge declared martial law at the state Highway Board headquarters.
On a national level, President Lincoln imposed Congressionally authorized martial law on Kentucky, Maryland, and Missouri in 1863 during the Civil War. He had previously suspended habeas corpus under his own authority in 1861, which was later ruled unconstitutional by the Supreme Court.
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Martial law in other countries
Martial law has been declared in several countries throughout history, and while it is often described as "elusive as a legal entity", it is usually imposed in times of necessity. Many countries do not have an explicit constitutional right to declare martial law, but they may still impose it.
Bangladesh, for example, has been under martial law several times, including in the late 1970s after Mujib was assassinated, and again in the early 1980s under Chief Martial Law administrators Ziaur Rahman and Hussain Muhammad Ershad. In 1972, the Philippines was placed under martial law by President Ferdinand Marcos to suppress civil strife and the threat of a communist takeover. This period of martial law lasted until 1981 and was marked by human rights abuses and economic downturns.
Martial law has also been used to enforce rule following a coup d'état, as seen in Thailand (2006 and 2014), Egypt (2013), and Syria (1963-2011). It has been used to suppress political opposition, as in Poland in 1981, and to quell protests, such as in China during the Tiananmen Square protests of 1989. During the 2006 Lebanon War, Israel's Defense Minister Amir Peretz declared martial law over the country's north, granting the Israel Defense Forces authority over civilians.
In some cases, martial law has been imposed during conflicts and occupations, such as in post-World War II Germany and Japan, and in northern France from 1871 to 1873 after the Franco-Prussian War. It has also been used in response to natural disasters, though most countries will declare a state of emergency instead. For instance, in 1906, federal troops were pressed into martial law service following the San Francisco earthquake.
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Frequently asked questions
Martial law is when the military temporarily substitutes its authority in place of civilian authority. It occurs when the army takes over a civilian area and imposes its own rules.
The US President does not have the explicit constitutional right to declare martial law. However, the US Congress might be able to authorize a presidential declaration of martial law. State officials, including the governor, have the power to declare martial law within their state's borders.
Yes, martial law has been imposed at least 68 times in limited, usually local areas of the US. Some examples include New Orleans during the Battle of New Orleans, Utah during the Utah War, and Hawaii after Japan's attack on Pearl Harbor.
Martial law is typically declared as a last resort in response to emergencies or times of necessity, such as war or invasion, insurrection or civil unrest, natural disasters, or labor disputes.
No, the UN cannot declare martial law. The power to declare martial law typically lies with the head of state or government, such as the president or state officials in the case of the US.
