Anaya Nolan
Martial law is a complicated and unsettled legal concept that involves the temporary substitution of military authority for civilian rule. It is usually invoked during times of war, rebellion, or natural disaster, and results in the suspension of existing laws, civil authority, and the ordinary administration of justice. While the exact implications of martial law vary depending on the context and location, it generally leads to a stricter set of laws and punishments controlled by the military or executive branch of the government. The normal checks and balances system built into a democratic constitution are suspended, and military courts may be granted the power to try civilians. The use of martial law has a long history, with notable examples including the British imposition of martial law in Boston in response to the Boston Tea Party, and the imposition of martial law in Beijing following the Tiananmen Square protests in 1989.
| Characteristics | Values |
|---|---|
| Who can impose martial law | the president, Congress, or a local military commander |
| Who can declare martial law | the U.S. president, the governor of a state, or, in limited emergencies, by a local military commander |
| Who can challenge a declaration of martial law | individuals can challenge a state declaration of martial law by seeking injunctive relief in federal court |
| Who can be exempt from martial law | Martial law can be declared at either the state or federal level. It usually has a defined scope, which is usually geographical (city/region/state). |
| What happens under martial law | Military authority is substituted for civilian rule. The military commander of an area or country has unlimited authority to make and enforce laws. All existing laws, as well as civil authority and the ordinary administration of justice, are suspended. |
| What happens to the court system | The court system and jails may stop functioning. The normal checks and balances system built into the Constitution is suspended. |
| What happens to citizens' rights | Even under martial law, the government cannot suspend or violate constitutional rights. Individuals detained by the military can ask a federal court to order their release by petitioning for a writ of habeas corpus. |
| What happens to civil rights | Civil rights can be suspended. For example, during martial law, citizens may be detained without court orders. |
| What happens to freedom of assembly | Freedom of assembly may be restricted. For example, during the West Virginia Coal Wars, martial law was declared and soldiers did not allow assemblies of any kind. |
| What happens to freedom of movement | Freedom of movement may be restricted. For example, during martial law in Utah in 1857, a proclamation forbade all armed forces of every description from entering the territory. |
| What happens to freedom of speech | Freedom of speech may be restricted. For example, during martial law in Boston in 1774, town meetings were restricted. |
| What happens to freedom of press | Freedom of the press may be restricted. For example, during martial law in New Orleans during the War of 1812, a reporter who wrote an article critical of the measure was arrested. |
| What happens to elections | Military government personnel may make threats against citizens if they do not vote for specific candidates. |
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What You'll Learn
Military Replaces Civilian Rule
Martial law involves the temporary substitution of civilian rule with military authority. It is usually imposed in times of war, rebellion, or natural disaster. During such times, civilian authority may have ceased to function, become ineffective, or be completely absent.
In the United States, martial law may be declared by the President, Congress, or a local military commander. Notably, the US Constitution does not specifically provide for the imposition of martial law, and the Supreme Court has never clearly stated whether the federal government has the power to declare it. However, nearly every state has a constitutional provision authorizing the government to impose martial law, and it has been declared over 60 times in US history, mostly by state and local officials.
When martial law is in effect, the military commander of an area or country has unlimited authority to make and enforce laws, and existing laws, civil authority, and the ordinary administration of justice are suspended. This means that the normal checks and balances system built into the Constitution is no longer in effect. In the US, even under martial law, state officials are bound by the Constitution and valid federal laws, and individuals can challenge a state declaration of martial law in federal court. They can also petition for a writ of habeas corpus if they are detained by the military.
Some examples of martial law being imposed include Bangladesh in the late 1970s, Beijing following the Tiananmen Square protests in 1989, and Egypt, where states of emergency were in effect almost continuously from 1967 to 2021, giving military courts the power to try civilians and the government the authority to detain people indefinitely without court orders. In the US, martial law was declared in New Orleans during the Battle of New Orleans, after the Great Chicago Fire of 1871, and in Utah in 1857 due to tensions between the territory and the federal government.
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Suspension of Civil Rights
Martial law involves the temporary substitution of civilian government by military rule and the suspension of civilian legal processes and civil rights for military powers. It is usually invoked in times of war, rebellion, or natural disaster, or in response to civil unrest, riots, or labour disputes. Martial law can be declared by a country's president, a state governor, or, in limited emergencies, by a local military commander.
Under 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 for as long as martial law continues. This includes the right to a hearing and trial on lawful imprisonment, or habeas corpus, which has been suspended during martial law in the United States several times throughout history. For example, during the West Virginia Coal Wars (1920-1921), martial law was declared and union miners were jailed and released without any sort of trial.
In some cases, martial law has led to human rights abuses by the military. For example, under martial law in the Philippines from 1972 to 1981, the military engaged in torture during intelligence gathering and forced disappearances. Similarly, in Egypt, where states of emergency gave military courts the power to try civilians, there were frequent reports of military brutality and the use of curfews to control the population.
While martial law can be necessary in times of emergency, it is important to recognize the potential for abuse of power and the suspension of civil rights that can occur during these periods.
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Military Courts Try Civilians
Martial law involves the temporary substitution of military authority for civilian rule and is usually invoked in times of war, rebellion, or natural disaster. When martial law is in effect, the military commander of an area or country has unlimited authority to make and enforce laws. In the United States, martial law may be declared by proclamation of the President or a State governor, but a formal proclamation is not necessary.
Military Courts Trying Civilians:
The Uniform Code of Military Justice (UCMJ) stipulates that military law can cover civilians "serving with, employed by, or accompanying the armed forces without the continental limits of the United States—except in Puerto Rico, the Panama Canal Zone, the Hawaiian Islands, and the Virgin Islands." This means that civilians in these situations may be subject to court-martial and tried by military tribunals and commissions.
The UCMJ also covers individuals, whether American or of another nationality, and a service member's dependents overseas. As such, these persons may be tried by a court-martial if they "aid or attempt to aid the enemy," "knowingly harbor or protect the enemy," or "give intelligence or communicate with the enemy."
Additionally, during an insurrection in a state, if that state cannot or will not provide protection for its citizens, federal forces (including military courts) may be deployed to maintain order and try civilians under martial law.
It is important to note that, in the United States, civilians cannot be tried under military courts without the declaration of martial law.
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Public Demonstrations Banned
Martial law is a temporary substitution of military authority for civilian rule and is usually invoked in times of war, rebellion, or natural disaster. It is often declared when the government faces widespread civil unrest. When martial law is in effect, military commanders have unlimited authority to make and enforce laws, and existing laws are suspended.
Under martial law, public demonstrations are often banned. For example, in Egypt, states of emergency were in effect almost continuously from 1967 to 2021, and public demonstrations were prohibited under this legislation. During this time, the Egyptian government renewed emergency laws every three years, allowing the government to detain anyone deemed a threat to state security for renewable 45-day periods without court orders.
In South Korea, martial law was recently declared by President Yoon Suk Yeol, and all assemblies and demonstrations were reportedly banned. South Korea's military also banned all political activities and prevented MPs from entering the country's parliament building.
In some cases, public demonstrations have been the catalyst for the imposition of martial law. For example, in 1978, protests erupted in Iran after the death of Mostafa Khomeini, the son of Ayatollah Khomeini. The government declared martial law in Tehran and several other cities, and the army opened fire on a group of protesters in Jaleh Square, resulting in numerous casualties.
The imposition of martial law and the subsequent banning of public demonstrations can have severe consequences for civilians, as seen in the Egyptian and Iranian cases. It is important to note that, despite the declaration of martial law, the rule of law must still prevail, and martial law should not be used as a tool to suppress dissent or curtail fundamental freedoms, as stated by Amnesty International.
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Military Brutality
Martial law involves the temporary substitution of civilian rule with military authority and is usually invoked in times of war, rebellion, or natural disaster. While there is no universal definition, it often refers to the use of the military for law enforcement. Under 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.
Another instance of military brutality under martial law occurred in 1932, when President Herbert Hoover directed the military to clear protesting veterans and their families from an encampment near the US Capitol. This operation, which involved tanks and soldiers with fixed bayonets, was led by Douglas MacArthur and George Patton. It received significant backlash from the public, who disapproved of the use of military force against citizens who were protesting delays in receiving their war bonuses.
In 1828, Lieutenant-Governor George Arthur declared martial law during the Black War in Tasmania, which lasted until 1832. This declaration effectively provided legal immunity for killing Aboriginal people and resulted in the longest period of martial law in the history of British colonies in Australia.
During the 2020 Nagorno-Karabakh war, martial law was declared by both the Armenian prime minister and the Azerbaijani president. This granted authority to the police and military to crack down on civilians, potentially leading to abuses of power and human rights violations.
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Frequently asked questions
Martial law is the temporary substitution of civilian rule with military authority. It is usually invoked during war, rebellion, or natural disaster.
In the United States, the President, Congress, or a local military commander may impose martial law under specific situations. State governors also have the power to impose martial law within their state borders.
When martial law is in effect, the military commander of an area or country has unlimited authority to make and enforce laws. All existing laws, civil authority, and the ordinary administration of justice are suspended.
Yes, martial law declarations are subject to judicial review. Individuals detained by the military can petition for a writ of habeas corpus and challenge the declaration in federal court.
