Cameron Miranda
Martial law refers to instances when a nation's armed forces assume the governance of an area. It is typically declared when civilian authority has stopped functioning, such as during an insurrection, civil war, or natural disaster. The duration of martial law can vary depending on the circumstances and is often governed by legislation. In some cases, it can last for an extended period, such as the three years of martial law in the Australian colonies, the 11 years of martial law in the Philippines under Marcos, or the 14 years of martial law in Syria from 1963 to 2011, which is the longest active period of martial law in recent history. The imposition of martial law can have significant implications for civil liberties, and it is considered a last resort in times of crisis.
| Characteristics | Values |
|---|---|
| How long can martial law last? | It can last from a few days to a few weeks. The longest period of martial law in the United States was nearly three years in Hawaii during World War II. |
| Who can declare martial law? | The power to declare martial law usually resides with the nation's president or a top civilian leader. Several presidents and state governors have imposed or approved declarations of martial law. |
| When is martial law declared? | Martial law is declared as a last resort when civilian authority has stopped functioning or becomes ineffective, such as in a civil war, rebellion, or natural disaster. It is also declared during a time of war, invasion, or widespread civil unrest. |
| What happens during martial law? | Martial law grants the military commander of a region or country unlimited authority to make and enforce laws. It suspends existing laws, civil authority, and the administration of justice. It can also restrict civil liberties such as free speech, free movement, and freedom from unreasonable searches and seizures. |
| Where has martial law been declared? | Martial law has been declared in various states in the United States, including New Orleans, Rhode Island, Hawaii, Maryland, San Francisco, and Detroit. It has also been declared in the Philippines. |
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What You'll Learn
Martial law in the US
Martial law in the United States refers to instances when the nation's armed forces assume the governance of an area. It is imposed when civilian authority has ceased to function, such as during an insurrection or natural disaster, and it grants the military commander of a region or country unlimited authority to make and enforce laws.
The United States Constitution does not define martial law or specify who can declare it. Historically, several presidents and state governors have imposed or approved declarations of martial law. However, the Supreme Court has never explicitly held that the president can declare martial law, creating ambiguity around their legal authority to do so. The Posse Comitatus Act further complicates this dynamic, as it prohibits US military involvement in domestic law enforcement without congressional approval.
Martial law has been declared at least 68 times in the US, mostly in limited, local areas. Notable instances include the War of 1812 in New Orleans, the Great Chicago Fire of 1871, the 1906 San Francisco earthquake, the Omaha race riot of 1919, and the Civil Rights Movement in the 1960s. The last time martial law was declared at the federal level was in 1944 in Hawaii, and at the state level in 1963 in Maryland.
The duration of martial law in the US has varied depending on the circumstances. In New Orleans, General Andrew Jackson imposed martial law for three months, while it lasted until the end of the emergency in Hawaii in 1944. In Maryland in 1963, martial law was in effect for over a year. The length of martial law is governed by legislation and is typically a last resort, reserved for situations where law and order are breaking down.
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Instances of martial law in the Philippines
The duration of martial law is dependent on the circumstances that necessitate its imposition. It is typically a last resort, invoked when civilian authority has ceased to function, during civil unrest, insurrection, or war.
Now, here are some instances of martial law in the Philippines:
1871:
Governor-General Rafael de Izquierdo declared martial law in the provinces of Cavite and Pampanga to combat banditry.
1896:
Following the outbreak of the Philippine Revolution in August 1896, Governor-General Ramon Blanco imposed martial law in eight provinces: Manila, Bulacan, Cavite, Pampanga, Tarlac, Laguna, Batangas, and Nueva Ecija.
1900:
Military governor Gen. Arthur MacArthur Jr. placed the entire country under martial law on December 20, 1900.
1907:
Martial law was proclaimed in Leyte in January 1907.
1942:
Lt. Gen. Masaharu Homma, the commander-in-chief of the Imperial Forces, proclaimed martial law in all occupied areas after the capture of Manila.
1944:
President José P. Laurel of the Second Philippine Republic placed the Philippines under martial law through Proclamation No. 29, dated September 21, 1944. It came into effect on September 22, and a state of war with the US and Great Britain was declared the following day.
1946:
There was martial law in Nueva Ecija on January 7, 1946.
1972-1986:
President Ferdinand Marcos placed the Philippines under martial law on September 23, 1972, citing a communist threat and a sectarian "rebellion." This marked a 14-year period of one-man rule, ending on February 25, 1986, when Marcos was exiled. This era witnessed grave human rights abuses, including extrajudicial killings, torture, enforced disappearances, and arbitrary arrests.
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The longest periods of martial law
Martial law refers to instances when a nation's armed forces assume the governance of an area, usually as a last resort. This typically occurs when civilian authority has ceased to function, such as during insurrection, civil war, or natural disaster.
Syria (1967-2011)
Syria endured the longest period of martial law in history, lasting 48 years. It was imposed following the 1963 Syrian coup d'état, during which the Baath Party seized power and the prime minister, acting as the martial law governor, declared a state of emergency. This granted him extraordinary powers. The state of emergency was maintained due to the ongoing threat of war with Israel, despite international dialogue and advisement against it. In 2011, President Bashar al-Assad finally ended the state of emergency, responding to protests against the prolonged police rule.
Taiwan (1949-1987)
Taiwan's period of martial law lasted for 38 consecutive years and is considered one of the longest in modern history. It was imposed in 1949 when the central government of China, led by the Kuomintang, lost control of the mainland to the Chinese Communist Party and retreated to Taiwan. The perceived need to suppress Communist activities in Taiwan was used as a rationale for maintaining martial law. During this time, the Taiwan Garrison Command held extensive powers, including the right to arrest critics of the government and censor publications. It is estimated that around 140,000 Taiwanese were arrested, tortured, imprisoned, or executed for their real or perceived opposition during this period.
Egypt (1967-2021)
Egypt experienced an almost continuous state of emergency from 1967 to 2021, lasting approximately 54 years. This state of emergency granted military courts the authority to try civilians and allowed the government to detain anyone deemed a threat to state security for renewable 45-day periods without court orders.
Thailand (1914-present)
Martial law in Thailand has been in effect, in various forms, since the promulgation of the "Martial Law, B.E. 2457 (1914)" Act following the Palace Revolt of 1912. While there have been numerous amendments to the Act and multiple coups, the underlying legislation governing martial law has remained largely unchanged.
It is worth noting that the duration of martial law can vary significantly, and the length of its imposition depends on the specific circumstances and the governing legislation.
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Martial law in Turkey
Martial law refers to instances when a nation's armed forces assume the governance of an area, usually as a last resort. This occurs when civilian authority over an area has stopped functioning, such as in the case of insurrection, civil war, or natural disaster.
Martial law has been declared in the Republic of Turkey on several occasions. The first instance was on February 24, 1925, in response to the Sheikh Said Rebellion, an uprising led by Kurdish nationalist Sheikh Said. Subsequently, in 1931, a single-party regime declared martial law in response to a chain of anti-regime events known as the Menemen Incident. During World War II, from October 20, 1940, to December 23, 1947, martial law was imposed in four Turkish cities. The Democrat Party, which ruled Turkey as a single party from 1950 to 1960, also declared martial law twice. In 1955, the party used the military to suppress opposition from the Republican People's Party (RPP).
In December 1978, martial law was imposed in 13 provinces due to violent incidents in Kahramanmaraş. Over the next nine months, the government extended it to 20 provinces. On September 12, 1980, the military seized power, and martial law was declared in all 67 provinces of Turkey. This period of military rule was gradually withdrawn from December 1983 onwards and was finally lifted throughout Turkey in July 1987.
During the 1970s and 1980s, Turkey experienced significant political turmoil, with street demonstrations, violent strikes, and a series of coups. The military's role in quelling these disturbances and the declaration of martial law were highly contested. In 1985, a settlement was reached with the European Commission of Human Rights, which demanded that Turkey lift martial law within 18 months. However, Turkey replaced martial law with emergency legislation, which continued to grant expanded powers to the government.
In recent years, there have been concerns about Turkey potentially heading towards another period of martial law under President Recep Tayyip Erdogan. Erdogan has been criticised for inciting religious hatred, arresting Kurdish leaders, and cracking down on media freedom. His embrace of Russia and potential moves towards martial law are seen as detrimental to Turkey's economy and democratic stability.
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Who can declare martial law?
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. However, the Constitution does not explicitly grant the president the power to declare martial law, and the president lacks any authority to declare martial law. 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, but their actions under the declaration must abide by the U.S. Constitution and are subject to review in federal court.
In the Philippines, President Ferdinand Marcos declared martial law in 1972, claiming that it was the last defence against rising disorder caused by increasingly violent student demonstrations and alleged threats of communist insurgency. Marcos was able to arrest opposition politicians in Congress and suppress a Muslim separatist rebellion led by the Moro National Liberation Front (MNLF).
In China, martial law in the Beiyang government can be dated back to the final year of the Qing dynasty. The 1908 draft constitution included provisions for martial law, and the Provisional Government of the Republic of China promulgated the Provisional Constitution in March 1911, which authorized the President to declare martial law in times of emergency.
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. During the British Raj, martial law was declared in the Defence of India Act, 1915 and 1939, and in most of Punjab in 1919 following the Amritsar Massacre.
In Canada, the War Measures Act was a statute that allowed the government to assume emergency powers, stopping short of martial law. The military did not administer justice, which remained in the hands of the courts. The act was invoked three times: during World War I, World War II, and the October Crisis of 1970. In 1988, it was replaced by the Emergencies Act, first invoked in February 2022 during the Freedom Convoy protests.
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Frequently asked questions
The duration of martial law is dependent on the circumstances that led to its declaration and the legislation governing the affected region. In the US, martial law has been declared for varying durations, ranging from three months in New Orleans in 1812 to over a year in Cambridge, Maryland in 1963. The longest period of martial law in the history of the British colonies in Australia lasted for more than three years. In the Philippines, martial law was imposed from 1972 to 1981, followed by a snap election in February 1986.
Martial law refers to when a nation's armed forces assume governance of an area, typically as a last resort when civilian authority has stopped functioning due to insurrection, war, or natural disaster.
The power to declare martial law usually resides with the nation's president or a top civilian leader. While the US Constitution does not define or specify who can declare it, several presidents and state governors have imposed or approved declarations of martial law.
When martial law is declared, the military commander of a region or country is granted unlimited authority to make and enforce laws. Existing laws no longer apply, and actions that were previously legal may now be considered criminal. Civil liberties, such as the right to free speech, movement, and protection from unreasonable searches, may be suspended.
