Cecily Zamora
Martial law refers to instances when a nation's armed forces assume the governance of an area, usually as a last resort. This can occur when civilian authority is no longer functioning due to insurrection, natural disaster, or war. The duration of martial law is context-dependent and varies across different countries and legal systems. In the United States, for example, martial law has been declared over 60 times, with the last instance at the state level occurring in Maryland in 1963. In other countries, such as the Philippines, martial law has been imposed for extended periods, such as under the regime of Marcos in the 1970s and 1980s. Understanding the legality, implications, and duration of martial law is essential to grasp the balance of power between civilian authorities and the military in times of crisis.
| Characteristics | Values |
|---|---|
| Instances of martial law in history | Over 60 times in the US; 3 times in Turkey; once in Switzerland, Bangladesh, Syria, Philippines, and Australia |
| Who can declare martial law | The Constitution does not specify who can declare martial law, but several presidents and state governors have imposed or approved it. |
| Longest duration of martial law | The longest-ranging period of active martial law was in Syria from 1963 to 2011. |
| Last imposition of martial law | In 2020, martial law was declared in Azerbaijan during the Nagorno-Karabakh war. |
| Effects of martial law | Suspension of civil liberties, including freedom of speech, movement, and protection from unreasonable searches and seizures. |
| Purpose of martial law | To quell protests, civil unrest, insurrections, or during natural disasters or war. |
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What You'll Learn
Martial law in the US
In the United States, martial law has been imposed at least 68 times, typically in limited, local areas. The US Constitution does not define martial law, but it is generally understood as the displacement of civilian authority, with the military effectively replacing the police.
The imposition of martial law is closely tied to the suspension of habeas corpus, the right to a hearing and trial on lawful imprisonment. Article 1, Section 9 of the US Constitution allows for the suspension of habeas corpus "in Cases of Rebellion or Invasion [when] the public Safety may require it." On April 27, 1861, President Lincoln suspended habeas corpus under his own authority, and on September 15, 1863, he imposed Congressionally authorized martial law on Kentucky, Maryland, and Missouri, suspending habeas corpus and civil rights. Lincoln's actions were later ruled unconstitutional by the Supreme Court in Ex parte Milligan (1866).
While the President may deploy the National Guard or armed forces to suppress insurrection or enforce US laws, the Posse Comitatus Act prohibits federal military forces from engaging in civilian law enforcement without congressional approval. The power to declare martial law has not been used in decades, and it is limited by various court decisions. The last declaration of martial law at the federal level was in 1944, when civilian rule was restored in Hawaii. At the state level, the most recent declaration was in 1963 in Maryland, in response to clashes between racial justice advocates and segregationists.
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Instances of martial law
Martial law has been declared at least 68 times in the history of the United States, mostly by state and local officials. The concept has no established definition, and the exact scope and limits of martial law are dangerously unclear. However, it generally refers to the use of the military for law enforcement, where civilian control of some or all aspects of government operations is ceded to the military. This means that the military commander of an area or country has unlimited authority to make and enforce laws, and the normal checks and balances built into the Constitution are suspended.
Virginia, 1775: On November 7, 1775, Lord Dunmore, the royal governor of Virginia, declared martial law, offering freedom to indentured servants and enslaved individuals who joined British forces against the rebelling colonists. This move aimed to disrupt the colonial rebellion and encourage support for the British.
Boston, 1774: In response to the Boston Tea Party, the British Parliament passed the Intolerable Acts, including the Massachusetts Government Act, which effectively placed Boston under martial law by closing its port and restricting town meetings.
New Orleans, 1812: During the War of 1812, General Andrew Jackson imposed martial law in New Orleans. He implemented strict curfews and travel restrictions, arrested critics, and censored the press, claiming that unrestricted press freedom could endanger military operations.
New York, 1776: After the British capture of New York City, martial law was imposed to restore order and assert British authority. Military commanders took control of the city's administration, limiting the power of the governor.
Turkey, 1960, 1971, and 1978-1983: The Turkish Armed Forces conducted three coups d'état and declared martial law. The first instance followed the 1960 Turkish coup d'état, which toppled the Democrat Party government. The second instance was in 1971, and the third began in 1978 due to growing conflicts between far-left and far-right groups, lasting until 1983.
Egypt: In Egypt, martial law granted the military all powers of the state, including the authority to dissolve parliament and suspend the constitution. The military's announcements became the de facto constitution and legal framework for the country.
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Martial law and civil liberties
Martial law is a substitution of civilian government with military authority to deal with a crisis or seize power during a coup. It is declared in an emergency, in response to a crisis, or to control occupied territory. The military takes over the responsibility of governing and policy decisions are made by military officers rather than elected officials.
When martial law is declared, civil liberties, such as the right to free movement, free speech, and protection from unreasonable searches, can be suspended. Civilians may be arrested for violating curfews or for minor offences 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. Martial law can have negative ramifications on a country and its citizens, and is therefore considered a last resort in situations where law and order are rapidly deteriorating.
In the United States, the president lacks the authority to declare martial law. State officials do have the power to declare it, but their actions must abide by the U.S. Constitution and are subject to review in federal court. While there has been no country-wide imposition of martial law in the United States, there have been many instances of martial law in local areas. For example, in 1892, the governor of Idaho instituted martial law after serious labour unrest in the mining industry. In 1941, Hawaii was placed under martial law following the Japanese attack on Pearl Harbor. In 1963, Maryland Governor J. Millard Tawes imposed martial law in the city of Cambridge for over a year in response to clashes between racial justice advocates and segregationists.
In other countries, martial law has also been declared in response to various crises. For example, during the 2020 Nagorno-Karabakh war, the Azerbaijani president declared martial law. In 2011, martial law was declared in Bahrain during an anti-government uprising, granting authority to the police and military to crack down on protesters. In 2017, the Philippine president declared martial law in the southern island of Mindanao due to an attack by an extremist group.
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Who can declare martial law
The authority to declare martial law varies across different countries and their respective constitutions. In the United States, the power to declare martial law is debated, with some arguing that only Congress has the authority to declare it, while others contend that the President or state officials can also do so in certain circumstances. The Constitution does not explicitly grant the President the power to declare martial law, and legal scholars disagree on whether a formal proclamation is necessary.
Historically, martial law has been declared by the President, state governors, or local military commanders in the United States. For example, during the War of 1812, General Andrew Jackson declared martial law in New Orleans, and President Abraham Lincoln's administration declared martial law in several states during the Civil War. In Moyer v. Peabody (1909), Governor James Peabody declared martial law in response to a labour dispute, leading to the arrest of striking workers.
In other countries, the authority to declare martial law may lie with different branches of the government. For instance, in the Philippines, President Ferdinand Marcos declared martial law in 1972, citing the need to address violent student demonstrations and alleged threats of communist insurgency. In Bangladesh, martial law was declared by Chief Martial Law administrators like Ziaur Rahman and Hussain Muhammad Ershad in the late 1970s and early 1980s.
In some cases, the power to declare martial law may be ambiguous or subject to interpretation. For example, in India, the sole mention of martial law in the constitution is in Article 34, which addresses the legitimacy of acts committed during martial law rather than the authority to declare it. Similarly, in Canada, the War Measures Act allowed the government to assume emergency powers, but martial law was never officially declared, as justice remained in the hands of the courts.
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Martial law in the Philippines
In the Philippines, the president, as head of state and commander-in-chief of the armed forces, may declare martial law "in case of invasion or rebellion, when public safety requires it". The imposition of martial law typically includes curfews, the suspension of civil law, civil rights, habeas corpus, and the application or extension of military law or military justice to civilians. Civilians who defy martial law may be subjected to military tribunals (court-martial).
The Philippines has a long history of martial law, dating back to the 19th century. In April 1871, Governor-General Rafael de Izquierdo declared martial law in the provinces of Cavite and Pampanga to combat banditry. The outbreak of the Philippine Revolution in August 1896 led to the imposition of martial law in eight provinces: Manila, Bulacan, Cavite, Pampanga, Tarlac, Laguna, Batangas, and Nueva Ecija.
One of the most significant periods of martial law in the Philippines occurred under President Ferdinand Marcos, who declared martial law in September 1972. Marcos justified his decision by claiming it was necessary to defend against rising disorder caused by violent student demonstrations, the alleged threats of communist insurgency, and the Muslim separatist movement of the Moro National Liberation Front (MNLF). This period of martial law lasted for 14 years and was marked by widespread human rights abuses, including arbitrary arrests, detentions, torture, and extrajudicial killings.
Another instance of martial law in the Philippines occurred in December 2009, when President Arroyo placed the Province of Maguindanao under martial law following a massacre implicating the powerful Ampatuan clan. More recently, in May 2017, President Rodrigo Duterte declared martial law on the southern island of Mindanao due to attacks by the Maute Group.
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Frequently asked questions
Martial law can last for varying lengths of time, from a few months to several years. The longest period of martial law in the history of the British colonies on the Australian continent lasted for more than three years. In the United States, martial law has been declared over 60 times, with the last instance occurring in 1963 and lasting for more than a year. In the Philippines, martial law was imposed from 1972 to 1981, followed by a state of emergency in some provinces until 2002. The longest continuous period of martial law was in Syria from 1963 to 2011.
The power to declare martial law usually resides with the nation's president or a top civilian leader. In the United States, several presidents and state governors have imposed or approved declarations of martial law, although the Constitution does not explicitly grant them this authority.
During martial law, the nation's armed forces assume governance of an area, and existing laws may no longer apply. Civil liberties such as free speech, free movement, and protection from unreasonable searches may be suspended. Martial law is typically declared as a last resort during times of war, insurrection, civil unrest, or natural disasters.
Yes, declarations of martial law can be challenged in court. In the United States, there have been at least 33 legal challenges to martial law declarations. Individuals may also face consequences through the criminal justice system if their actions violate martial law.
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