Anaya Nolan
Martial law is the temporary substitution of military authority for civilian rule. It is often declared in times of war, rebellion, or natural disaster, and can be used by governments to enforce their rule over the public. Martial law can be imposed at the national level by a country's president or congress, or at the local level by a state governor or military commander. When martial law is in effect, the military commander of an area or country has unlimited authority to make and enforce laws, and civil liberties such as freedom of movement, freedom of speech, and protection from unreasonable searches may be suspended.
| Characteristics | Values |
|---|---|
| Reason | War, invasion, domestic war or insurrection, riot or civil unrest, labor dispute, natural disaster, military coups d'état, political oppression, etc. |
| Governing Body | Military |
| Governing Powers | Unlimited powers to suspend ordinary legal protections of civilian rights, including freedom of movement, freedom of speech, and protection from unreasonable searches |
| Implementation | Declared by the president, Congress, or a local military commander |
| Duration | Temporary |
| Location | Local areas, regions, states, cities, or the whole country |
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What You'll Learn
Civil unrest
In the US, martial law has been imposed at least 68 times, mostly in local areas. Of these, 11 were due to riots or civil unrest. For example, in 1892, the governor of Idaho declared martial law following serious labour unrest in the mining industry. In 1906, after the San Francisco earthquake, martial law was declared to prevent unrest and maintain order. In 1919, martial law was imposed in Omaha during a race riot, and in Lexington the following year. In 1922, Chicago's mayor declared martial law after the Great Chicago Fire.
In other countries, civil unrest has also been a major factor in the imposition of martial law. In Iran, in 1978, public demonstrations erupted over the death of Mostafa Khomeini, the son of Ayatollah Khomeini. The government declared martial law in Tehran and other cities, and the army opened fire on protesters, killing 88 people. In Thailand, in 2004, the Prime Minister declared martial law in three provinces in response to a growing South Thailand insurgency. Two years later, the Royal Thai Armed Forces declared martial law following a military coup.
Martial law is a last resort to restore stability when law and order are deteriorating. It involves the suspension of civil liberties, such as freedom of movement, speech, and protection from unreasonable searches. Curfews are often implemented, and civilians may be arrested for minor offences or violating curfews. The justice system is replaced by a military tribunal, and the military has the power to detain individuals indefinitely.
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Natural disasters
In the United States, martial law has been imposed after major disasters, such as the Great Chicago Fire of 1871, the 1906 San Francisco earthquake, and the 1900 Galveston hurricane. Local leaders declared martial law to protect themselves from mob violence and unrest, as well as to suppress resistance to federal decrees. In the case of the Galveston hurricane, for example, martial law was declared to be "at an end" when "conditions [were improving]".
Martial law can also be imposed in response to epidemics, terrorist attacks, or other emergencies. However, the declaration of martial law is a serious matter and is usually a last resort when standard law and order are rapidly deteriorating. During times of martial law, many civil liberties may be suspended, such as freedom of movement, freedom of speech, and protection from unreasonable searches. Curfews can also be implemented, and civilians may be arrested for minor offenses.
While the US President does not have the authority to declare martial law, both the US President and Congress have the power to impose it since they can be in charge of the militia. In nearly every state, the governor has the power to impose martial law within the state's borders.
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Military coups
A military coup, or coup d'état, is the sudden, violent overthrow of an existing government by a small group. The coup d'état is a French term that means a 'stroke of state' or a 'blow of state'. A successful coup requires control of all or part of the armed forces, the police, and other military elements.
There are several types of coups, including:
- A palace coup, in which one faction within a ruling group displaces another faction within the same group.
- A dissident coup, in which the culprits are nominally protestors without backing from any military or police units.
- A judicial coup, a "legal" coup that utilizes the judiciary as its main instrument.
- A royal coup, in which a monarch dismisses democratically elected leaders and seizes power.
- In 1993, a military coup in Nigeria brought General Ibrahim Badamasi Babangida to power.
- Thailand in 2006 and 2014.
- Egypt in 2013.
- Bangladesh in the late 1970s and early 1980s.
- Indonesia in 2003, when the Indonesian Army Chief imposed martial law for six months to eliminate Acehnese separatists.
- Haiti in the 19th and early 20th centuries.
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War
Throughout history, martial law has been imposed during wars and invasions, with at least 68 instances of its use in limited, local areas of the United States. Notable examples include Virginia and New York during the American Revolutionary War in 1775 and 1776, respectively, where martial law was declared to suppress colonial rebellion and restore order. During the War of 1812, General Andrew Jackson imposed martial law in New Orleans, encountering a diverse and divided populace.
In Canada, the War Measures Act, a Parliament statute, allowed the government to assume emergency powers during World War I, World War II, and the October Crisis of 1970, falling short of martial law as the military did not administer justice. Similarly, during World War II, martial law was imposed in Germany and Japan for post-war reconstruction, and in the former Confederate States of America during the Reconstruction Era following the American Civil War.
Martial law can also be imposed during conflicts and occupations, where the absence of a stable civil government warrants military intervention. An example is the imposition of martial law in Thailand in 2006 and 2014 and Egypt in 2013, which resulted from military coups d'état. Additionally, martial law may be declared when a country is facing external threats, such as during Japan's attack on Pearl Harbor, threatening Hawaii.
During wartime, the suspension of habeas corpus, protecting citizens from unlawful detention, has been observed. For instance, during the Civil War, habeas corpus was suspended federally in 1863, and President Lincoln arrested one-third of the Maryland state assembly in 1861. These actions demonstrate the far-reaching consequences of martial law during periods of war, where civil liberties may be curtailed to maintain order.
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Government enforcement
Martial law is the temporary substitution of civilian government by military rule and the suspension of civilian legal processes for military powers. It is often declared in times of war, civil unrest, natural disasters, or military coups d'état. During martial law, the military commander of an area or country has unlimited authority to make and enforce laws, and standard civil liberties may be suspended. This can include the right to free movement, free speech, and protection from unreasonable searches, with civilians potentially being arrested for violating curfews or minor offences.
In the United States, martial law may be declared by the President, Congress, a State governor, or, in limited emergencies, by a local military commander. The US Constitution does not explicitly allow for martial law, but almost every state has a provision in its constitution permitting it. The federal government is bound by the Constitution at all times, even under martial law, and state officials must also abide by federal law. Martial law declarations are subject to judicial review, and individuals detained by the military can petition for the writ of habeas corpus.
In other countries, martial law has been imposed after a coup d'état (Thailand in 2006 and 2014, and Egypt in 2013); to suppress popular protest (China, Tiananmen Square protests of 1989); to suppress political opposition (Poland in 1981); or to stabilise insurrections (Bangladesh in the late 1970s). In Canada, the War Measures Act allowed the government to assume emergency powers, stopping short of martial law, with justice remaining in the hands of the courts.
Martial law is a last resort to restore stability and order when civilian authority has ceased to function or is ineffective. It is a drastic measure with potentially negative ramifications for a country and its citizens, and as such, it is important that the scope and limits of martial law are clearly defined.
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Frequently asked questions
Martial law is the temporary substitution of military authority for civilian rule. It is usually invoked in times of war, rebellion, or natural disaster.
In the United States, martial law may be declared by the president, Congress, a state governor, or, in limited emergencies, by a local military commander. In other countries, martial law has been imposed by military chiefs, army generals, and parliament.
When martial law is in effect, the military commander of an area or country has unlimited authority to make and enforce laws. Civil liberties such as freedom of movement, freedom of speech, and protection from unreasonable searches may be suspended. Curfews can also be implemented.
Martial law was declared in Thailand in 2006 and 2014, Egypt in 2013, and in China during the Tiananmen Square protests of 1989. In the United States, martial law has been declared in Omaha during the 1919 race riot, in San Francisco after the 1906 earthquake, and in Nauvoo, Illinois, in 1844 during a dispute with neighbouring towns over freedom of speech.
