Kara Sears
Martial law is a legal concept that allows military authorities to take control of civil governance and law enforcement, typically as a last resort in times of extreme emergency. It is often imposed temporarily during war, rebellion, or natural disaster when civilian authority has ceased to function or is deemed ineffective. The length of martial law is dependent on the specific circumstances and can vary from a few months to several decades. While the exact duration is not predefined, martial law is intended to be brief, as it may infringe on civil liberties and be abused as a political tool.
| Characteristics | Values |
|---|---|
| Who can declare martial law? | The US President, US Congress, state governors, and militia leaders |
| Where has martial law been declared? | United States, Taiwan, Syria, Australia, Canada, Azerbaijan, Bahrain, Bangladesh |
| Why is martial law declared? | War, rebellion, natural disaster, civil unrest, labor dispute, riot, invasion, insurrection, emergency, domestic violence, racial unrest |
| What happens during martial law? | Military leaders take control of civil governance, enforce their own laws, suspend civil liberties, impose curfews, and restrict public gatherings |
| How long can martial law last? | Varies depending on the context and country, ranging from a few months to several decades |
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What You'll Learn
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 U.S. Constitution does not explicitly grant the president the power to declare martial law. Congress may be the only governmental branch that can legally declare martial law, and the president can only act according to its action. The Posse Comitatus Act limits the use of federal troops in domestic circumstances. Nevertheless, the president has ample authority under current law to deploy troops to assist civilian law enforcement.
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's declaration was initially met with public support, except in Muslim areas of the south, where a separatist rebellion broke out in 1973.
In China, martial law in the Beiyang government can be traced back to the final year of the Qing dynasty. The 1908 draft constitution, modelled on Japan's Meiji Constitution, included provisions for martial law. The Provisional Government of the Republic of China promulgated the Provisional Constitution in March 1911, which authorised 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 regarding acts done in territories where martial law was enforced. During the British Raj, martial law was effectively declared in the Defence of India Act, 1915 and 1939.
In Canada, the War Measures Act was a statute that allowed the government to assume emergency powers, stopping short of martial law, as the military did not administer justice. The Emergencies Act, which replaced the War Measures Act in 1988, saw its first invocation in February 2022 during the Freedom Convoy protests.
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Martial law in the US
In the United States, martial law has been used in limited circumstances, such as during the Battle of New Orleans, after major disasters like the Great Chicago Fire of 1871, and during riots and civil unrest. It has been imposed at least 68 times, mostly in local areas, with state officials having the power to declare it. However, the US President cannot unilaterally declare martial law, and it is constrained by the US Constitution and subject to federal court review.
The US Constitution's Article 1, Section 9 states that habeas corpus can only be suspended during rebellions or invasions. The suspension of habeas corpus, or the right to a hearing and trial on lawful imprisonment, is closely tied to the imposition of martial law. While the US President can deploy the military to enforce laws and suppress rebellions, the Posse Comitatus Act prohibits federal military involvement in domestic law enforcement without congressional approval.
Historically, martial law was imposed in the US during the Civil War, with President Lincoln suspending habeas corpus in 1861 and imposing Congressionally authorized martial law on Kentucky, Maryland, and Missouri in 1863. It was also used during the Whiskey Rebellion, the Great Chicago Fire of 1871, the San Francisco earthquake of 1906, and various riots and labour disputes. In recent history, martial law was declared in Hawaii after the Japanese attack on Pearl Harbor in 1941 and during the Civil Rights Movement in response to the Cambridge riot of 1963.
The duration of martial law in the US has varied depending on the specific circumstances and events that prompted its declaration. In some cases, martial law has been imposed for a few days or weeks to address immediate crises, such as riots or natural disasters. In other instances, it has been in effect for several months or even years, particularly during periods of war or significant civil unrest.
While the US President does not have the unilateral authority to declare martial law, they can take actions that resemble martial law, such as deploying the military to assist civilian law enforcement or suppress rebellions. However, any use of the military within the US borders must be carefully considered and authorized by Congress to avoid violating the Posse Comitatus Act and the limitations set by the US Constitution.
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Martial law in the UK
Martial law is the replacement of civilian government by military rule and the suspension of civilian legal processes for military powers. It can be declared for a specified amount of time or indefinitely, and civil liberties may be suspended for as long as martial law continues. Martial law is most often declared in times of war, emergencies, civil unrest, natural disasters, or military coups d'état.
In the UK, martial law was imposed in 1774 when the British Parliament passed the Intolerable Acts in response to the Boston Tea Party. One of these acts, the Massachusetts Government Act, effectively placed Boston under martial law by closing its port and restricting town meetings. This was done to suppress colonial resistance and maintain control.
Another instance of martial law in the UK occurred in 1914 when Britain declared war on Germany. The declaration of war was followed by proclamations of martial law throughout Great Britain and Ireland. The government took control of the railroads, closed British ports, and seized shipyards building warships for foreign countries. Military authorities were placed in supreme control throughout the realm, and the admiralty issued strict orders to warship commanders regarding contraband.
The concept of martial law has existed in England for centuries, dating back to 1628 when Sir Matthew Hale described it as "no Law, but something indulged rather than allowed as a Law." This quote still holds true in many countries today, highlighting the elusive nature of martial law as a legal entity despite its frequent declarations throughout history.
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Martial law in Asia
Asia has seen its fair share of martial law, with countries like Bangladesh, China, Pakistan, South Korea, Syria, and Taiwan imposing it at various times. Here is a detailed overview of martial law in Asia:
Bangladesh
Bangladesh has experienced martial law on several occasions, the first being in the late 1970s following the assassination of Mujib. During this period, Chief Martial Law Administrators Ziaur Rahman and Hussain Muhammad Ershad were in charge. Bangladesh returned to martial law in the early 1980s.
China
China has a history of imposing martial law to suppress political opposition. Notably, in 1989, the Communist-ruled government implemented martial law in Beijing to curb the Tiananmen Square protests.
Pakistan
Pakistan has famously implemented martial law, leveraging the common law doctrine of necessity, which allows governments to enforce their rule over the public in times of necessity.
South Korea
In a more recent development, South Korea came close to experiencing martial law when President Yoon Suk Yeol attempted to disable Parliament using a few hundred troops. However, his plan was thwarted as he misjudged the resistance of the public and the commitment of his military enforcers.
Syria
Syria experienced the longest period of martial law, lasting from 1963 to 2011. It was imposed after the Baath Party seized power in a coup d'état and was maintained due to the ongoing threat of war with Israel.
Taiwan
Taiwan was under martial law from 1949 to 1987, a period of 38 years. It was first declared in 1947 after the February 28 incident and again in 1949 during the Chinese Civil War. The need to suppress Communist activities in Taiwan was used as a justification for its prolonged imposition.
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Martial law in the Middle East
Martial law is the imposition of military rule in place of civilian government and the suspension of civilian legal processes in favour of military powers. It can be declared for a specified period or indefinitely, and civil liberties are often curtailed during this time. Typically, martial law is declared in times of war, civil unrest, natural disasters, or military coups.
In the Middle East, Syria experienced the longest period of martial law, lasting 48 years from 1967 to 2011. This was imposed following a coup d'état by the Baath Party, which saw the prime minister granted extraordinary powers through a declaration of a state of emergency. This state of emergency was maintained due to the ongoing threat of war with Israel, despite international criticism and dialogue. It was finally ended in 2011 by President Bashar al-Assad in response to protests demanding freedom from military rule.
Egypt, the most populous nation in the Middle East, has experienced significant political shifts in recent years. In 2011, the authoritarian rule of President Hosni Mubarak was overthrown by the revolutionary Arab Spring movement. A military junta governed Egypt until the election of Mohammed Morsi in 2012. However, Morsi was later ousted by the military in 2013, leading to the current authoritarian rule of President el-Sisi. Egypt's commitment to democracy and human rights has been questioned, with fundamental freedoms such as free speech and assembly being eroded.
Martial law has also been imposed in other Middle Eastern countries, such as Bahrain, where King Hamad bin Isa Al Khalifa declared martial law during an anti-government uprising in 2011. Additionally, Pakistan experienced periods of martial law imposed by Zulfikar Ali Bhutto and General Muhammad Zia-ul-Haq, and Bangladesh was under martial law several times, including after the assassination of Mujib in the late 1970s.
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Frequently asked questions
The US Constitution does not define martial law and does not specify who can declare it. However, the modern interpretation allows the president and state officials to declare "degrees of martial law in specific circumstances". The US President and Congress have the power to impose martial law, and in nearly every state, the governor has the power to impose martial law within the borders of the state.
Martial law is intended to be reserved for times of extreme emergencies when existing civilian government and law enforcement have ceased to function or become ineffective. There are no time limits specified for how long martial law can be imposed, but it is meant to be a temporary measure. The longest period of martial law in modern history was in Syria, from 1967 to 2011, for a total of 44 years.
During martial law, military authorities take control of civil governance and law enforcement, and military leaders may suspend certain civil liberties and enforce their own laws. Martial law is typically declared during times of war, rebellion, or natural disaster, and is considered a last resort as it can be easily abused as a political tool to control the population.
