Gavin Howe
Martial law is a government's move to enforce military rule over the public, replacing civil government with military authorities. This can be used to suppress political opposition, as seen in Poland in 1981, or to stabilize insurrections or perceived insurrections. When martial law is declared, civil liberties such as the right to free movement, free speech, and protection from unreasonable searches can be suspended. Elections can be postponed, as seen in the case of South Korea, where President Yoon Suk Yeol declared martial law, which was lifted by a vote in the National Assembly after six hours. In the Philippines, President Duterte's declaration of martial law in the Mindanao region was met with polarized views, with some reports indicating mixed reactions.
| Characteristics | Values |
|---|---|
| Voting during martial law | In some cases, voting may be postponed. For example, in 2025, there were predictions that Trump would declare martial law and postpone elections. |
| Voting to revoke martial law | Congress or a similar legislative body can revoke martial law through a majority vote. For example, in the Philippines, Congress can revoke a proclamation of martial law by a majority vote of all members of both the Senate and the House. |
| Voting to extend martial law | Congress or a similar legislative body can extend martial law through a majority vote. For example, in the Philippines, Congress can extend a proclamation of martial law by a majority vote of all members of both the Senate and the House. |
| Voting during elections under martial law | In some cases, elections may be held during martial law. For example, in Pakistan, General Yahya Khan ordered general elections after abrogating the Constitution of 1962 and assuming the presidency. |
| Voting rights during martial law | Martial law may restrict voting rights and other civil liberties, such as the right to free movement and free speech. For example, during martial law in Israel, military personnel frequently made threats against Arab citizens if they did not vote for the candidates favored by the authorities. |
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What You'll Learn
Voting during martial law
In the case of the Philippines, for example, President Rodrigo Duterte declared martial law in the Mindanao region in 2017, citing concerns over radical Islamic terrorism and narco-terrorism. This declaration was met with mixed reactions, with some citizens expressing support for the decision while others raised concerns about potential abuses and human rights violations. Despite the polarized views, Congress approved the declaration, and it was extended multiple times through votes in the House of Representatives and the Senate.
During periods of martial law, civil liberties may be suspended, and the military may assume authority from the civil government. This can include the implementation of curfews, restrictions on free movement and speech, and the suspension of habeas corpus, which can lead to indefinite detention without recourse. In such situations, the right to vote may be impacted or restricted, especially if elections are postponed or not deemed safe to hold.
However, there are also examples where voting and elections have taken place during martial law. For instance, in Pakistan, General Muhammad Ayub Khan assumed the presidency after imposing martial law in 1958. He later ordered general elections in 1962, and a new constitution was adopted. Similarly, in South Korea, President Yoon Suk Yeol declared martial law in December 2024, but it was quickly lifted by a unanimous vote of the lawmakers present in the National Assembly, demonstrating the legislative branch's ability to revoke martial law.
It is important to note that the impact of martial law on voting rights can depend on the specific country, the reasons for declaring martial law, and the checks and balances in place to oversee the executive branch. In some cases, courts may also play a role in reviewing the factual basis for declaring martial law and ensuring that it is not used as a means to consolidate power undemocratically.
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History of martial law
Martial law has been implemented in various countries throughout history, often during periods of political instability, insurrection, or natural disasters. Here is a detailed overview of the history of martial law in different countries:
Pakistan:
In Pakistan, martial law was first declared on October 7, 1958, by President Iskander Mirza, who appointed General Muhammad Ayub Khan as the Chief Martial Law Administrator. However, General Ayub deposed Iskandar Mirza just three weeks later, assuming the presidency and formalizing the militarization of the political system. In 1969, a second martial law was imposed when President Yahya Khan abrogated the Constitution of 1962, handing over power to the Army Commander-in-Chief, General Agha Mohammad Yahya Khan.
Philippines:
The Philippines has experienced several instances of martial law. In 2009, President Arroyo placed the Province of Maguindanao under martial law following a massacre implicating the powerful Ampatuan clan. In 2017, President Rodrigo Duterte declared martial law in the entire Mindanao region to address issues of radical Islamic terrorism and narco-terrorism. This declaration was met with mixed reactions and lasted until the end of 2019, making it the Philippines' longest period of military rule since the regime of Ferdinand Marcos.
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 for lawful imprisonment. While the US President and Congress have the power to impose martial law, it has been used in limited circumstances, such as during the Battle of New Orleans, after major disasters like the Great Chicago Fire of 1871, or during riots and civil rights movements. Notably, British authorities imposed martial law in several instances during the American Revolutionary period to suppress colonial resistance, including in Boston in response to the Boston Tea Party and in Virginia, where they offered freedom to enslaved individuals who joined British forces.
Other Countries:
Martial law has been declared in various other countries, including South Korea, Thailand, Egypt, Poland, China, Azerbaijan, and Bahrain. These declarations often occur during political unrest, protests, or natural disasters. For example, Switzerland does not have provisions for martial law, but its Army Law of 1995 allows the Army to be called upon by cantonal authorities for assistance in cases of natural disasters or special protection requirements.
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Civil liberties during martial law
Civil liberties are often heavily restricted during periods of martial law. Martial law typically involves the suspension of civil law, civil rights, and habeas corpus, with military law and military justice applied to civilians. Civilians accused of crimes are tried in military tribunals rather than ordinary civilian courts, and soldiers enforce the law instead of local police. Policy decisions are made by military officers, not elected officials, and curfews are often imposed.
In the United States, martial law has been imposed at least 68 times, usually in limited, local areas. Notably, it was declared by President Lincoln in Kentucky, Maryland, and Missouri during the Civil War, and by Union General Benjamin Butler in Baltimore following the city's secession. More recently, Alabama Governor Patterson declared martial law in 1961 in response to civil rights activists, the "Freedom Riders", challenging racial segregation in the South.
In other countries, martial law has been used to suppress political opposition, as seen in Poland in 1981, and to stabilize or suppress insurrections, as seen in Thailand in 2006 and 2014, and Egypt in 2013. In the Philippines, President Duterte declared martial law in the Mindanao region to address radical Islamic terrorism and narco-terrorism, which lasted 953 days and was described as the "longest period of military rule" since the dictatorship of Ferdinand Marcos.
While the specific impacts of martial law on voting rights are not explicitly mentioned in the sources, it can be inferred that voting and elections would be affected. Martial law typically involves the suspension of civil rights and the assumption of power by the military, which would likely include the authority to postpone or cancel elections. This inference is supported by the prediction made in an article by Aletheisthenes, which mentions "postponed elections" as one of the steps following the declaration of martial law.
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Martial law and the justice system
Martial law is a last-resort move by a government where military authority replaces civil government. This means that the justice system that typically handles issues of criminal and civil law is replaced with a military justice system, such as a military tribunal. In such a situation, the military authorities have unlimited powers to suspend the ordinary legal protections of civilian rights.
When martial law is declared, civil liberties, such as the right to free movement, free speech, or protection from unreasonable searches, can be suspended. Civilians may be arrested for violating curfews or for minor offenses that would not usually warrant detention. Laws relating to habeas corpus, which are designed to prevent unlawful detention, may also be suspended, allowing the military to detain individuals indefinitely without the possibility of recourse.
In the Philippines, martial law was declared by President Duterte in the Mindanao region to address radical Islamic terrorism and narco-terrorism. The declaration was met with mixed reactions from citizens, with some reports indicating that the majority of Filipinos were in favor of it. Congress can revoke or extend a proclamation of martial law, and the Supreme Court may review the "sufficiency of the factual basis" of the proclamation. In the case of Duterte's declaration of martial law, Congress and the Supreme Court upheld the extension of martial law in Mindanao.
In Pakistan, martial law was declared in 1958 by President Iskander Mirza, who appointed General Muhammad Ayub Khan as the Chief Martial Law Administrator. General Ayub later deposed Iskander Mirza and assumed the presidency, which formalized the militarization of the political system in Pakistan. A new constitution was adopted in 1962, but martial law was imposed again in 1969 when President Yahya Khan abrogated the Constitution and handed over power to the Army Commander-in-Chief, General Agha Mohammad Yahya Khan.
In the United States, there is no explicit constitutional right to declare martial law, but almost every state has a provision in its constitution allowing for it. There has never been a country-wide imposition of martial law in the US, but there have been many instances of martial law in local areas.
In South Korea, President Yoon Suk Yeol declared a state of emergency martial law in December 2024 to "safeguard a liberal South Korea from the threats posed by North Korea's communist forces and to eliminate anti-state elements". However, lawmakers in the National Assembly voted to lift martial law just a few hours later, and it was formally lifted by the President.
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Lifting martial law
In other countries, the process of lifting martial law may be more intricate and involve multiple branches of government. For instance, in the Philippines, President Rodrigo Duterte declared martial law in the Mindanao region, which was supported by a resolution from the Senate and a vote from Congress. However, this declaration was met with polarized views, and it was described as the "Philippines' longest period of military rule" since the regime of Ferdinand Marcos. Eventually, the Supreme Court voted to uphold the constitutionality of the third extension of martial law, which ended in 2019.
In democratic countries, the process of lifting martial law often involves a check on the executive's powers by the legislative branch. For example, in South Korea, President Yoon Suk Yeol declared martial law to “safeguard a liberal South Korea from the threats posed by North Korea's communist forces and to eliminate anti-state elements." However, the National Assembly, comprising 190 lawmakers, voted unanimously to lift it, and President Yoon was compelled to reverse his decision.
In the United States, the concept of martial law is not well understood, and it is generally believed that the president lacks the authority to declare it unilaterally. While the Posse Comitatus Act forbids US military involvement in domestic law enforcement without congressional approval, state officials do have the power to declare martial law, provided their actions abide by the US Constitution and are subject to federal court review. Historically, martial law has been imposed at least 68 times in limited, usually local areas of the United States, often in response to war, insurrection, civil unrest, or natural disasters.
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Frequently asked questions
It depends on the country and the specific circumstances. In some cases, martial law may be declared to stabilize insurrections or perceived insurrections, which could include situations where there is a dispute over election results or the legitimacy of a government. In such cases, voting may be postponed or restricted. However, there are also examples of elections being held during martial law, such as in Pakistan in 1969.
Martial law is the substitution of a civil government by military authorities, who have the power to suspend ordinary legal protections of civilian rights and civil liberties. This can include the right to free movement, free speech, or protection from unreasonable searches and detention. Martial law is typically declared in response to serious crises or rapidly deteriorating law and order, and it is considered a last resort to restore stability.
When martial law is declared, the justice system that handles criminal and civil law is replaced by a military justice system, and civilians may be arrested for violating martial law rules such as curfews or committing offenses that would usually be considered minor. In some cases, individuals may be detained indefinitely without recourse.
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