Keith Mack
Martial law is a last resort for governments to restore order and stability in times of serious crisis, civil unrest, disorder, rebellion, natural disaster, or foreign military occupation. It 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, and many civil liberties may be suspended.
| Characteristics | Values |
|---|---|
| Purpose | To enforce rule over the public, break strikes, suppress political opposition, and restore order |
| Occurrence | In times of war, rebellion, natural disaster, civil disorder, or when civilian authority is ineffective |
| Legal Basis | Common law doctrine of necessity; implied in sovereignty or justified by necessity |
| Implementation | Military authority replaces civilian rule, with the commander having unlimited authority to make and enforce laws |
| Civil Liberties | Freedom of movement, speech, and protection from unreasonable searches may be suspended |
| Law Enforcement | Direct and indirect, including search operations, investigations, arrests, and <co: 7,15,17>curfew enforcement |
| Limitations | Cannot try civilians in military tribunals if civilian courts are functional; cannot suspend constitutional rights |
| Emergency Powers | May be used as an emergency power, but the legal basis is often unclear |
| Deployment | Federal troops can be deployed domestically, but this is often controversial |
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What You'll Learn
To break labour strikes
Martial law has been used historically to break labour strikes. In the United States, martial law has been invoked on behalf of business interests to break strikes. For example, in September 1903, Colorado Governor James Peabody declared martial law in Cripple Creek and Telluride to break a peaceful strike by the Western Federation of Miners. The Colorado National Guard conducted mass arrests of striking workers, detaining them in outdoor bull pens. The Guard even ignored state court orders to release the prisoners.
In September 1919, the U.S. Army took control of Gary, Indiana, and martial law was declared after steelworkers clashed with police. The steelworkers were on strike to secure the right to hold union meetings. Although 365,000 steelworkers participated nationwide, the Great Steel Strike of 1919 was defeated.
In May 1921, following the "Three Days Battle", during which hundreds of coal miners attacked coal mines along the Tug River in Mingo County, West Virginia, Governor Ephraim Morgan declared martial law. He placed Thomas Davis, a veteran of the Spanish-American War and WWI, in charge of the state police, a battalion of 800 "special police", and a 250-man "vigilance committee". Davis and his men imprisoned several miners without charges.
Martial law has also been used to cheapen labour costs, as seen during the presidency of Ferdinand Marcos in the Philippines. Marcos signed many presidential decrees that benefited only his associates, allowed for the forced relocation of indigenous peoples, decreased workers' wages, and allowed for the murder of labour activists. Strikes were banned, and the government controlled trade unions, leaving workers without effective protection against employers with unfair labour practices and regulations.
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, suspending all existing laws, civil authority, and the ordinary administration of justice.
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To suppress political opposition
Martial law is often implemented to suppress political opposition. This was seen in Poland in 1981, when General Wojciech Jaruzelski declared martial law to prevent the extraparliamentary opposition from gaining popularity and political power. Similarly, in the United States, martial law has been used to suppress political opposition in the form of labour strikes. For example, in 1903, Colorado Governor James Peabody declared martial law in Cripple Creek and Telluride to break a peaceful strike by the Western Federation of Miners. The Colorado National Guard conducted mass arrests of striking workers, even ignoring state court orders to release the prisoners.
In the American Revolutionary period, the British imposed martial law in Boston in response to the Boston Tea Party. They passed the Intolerable Acts, including the Massachusetts Government Act, which effectively placed Boston under martial law by closing its port and restricting town meetings. General Thomas Gage, the military governor, enforced these measures to quell dissent.
Martial law can also be used to suppress political opposition by limiting press freedom and arresting critics. For example, during the enforcement of martial law in the United States, President Andrew Jackson warned newspapers not to publish information about the Treaty of Ghent without his approval. He also arrested individuals who expressed opposition to martial law, including a state senator and a judge.
In the Philippines, the period of martial law under the Marcos regime was marked by human rights abuses, including the use of torture and the suppression of press freedom, with journalists being accused of speaking against the government and taken as political prisoners. This period eventually led to the 1986 People Power Revolution that ousted Marcos.
The implementation of martial law often grants the military or state officials broad powers to suppress dissent and opposition, with limited judicial oversight. This can result in human rights abuses and the restriction of civil liberties.
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To enforce law and order
Martial law is a last resort to enforce law and order in times of serious crises, civil unrest, disorder, rebellion, or natural disaster. It is typically imposed when civilian authority has ceased to function, is completely absent, or has become ineffective.
When martial law is in effect, military commanders assume unlimited authority to make and enforce laws, superseding the justice system and civil liberties. This includes the enforcement of curfews, as seen in the 1986 People Power Revolution in the Philippines, and the suspension of media networks. The military may also detain civilians for violating curfews or committing minor offences, and conduct search operations, criminal investigations, arrests, and pursuit.
In the United States, the Posse Comitatus Act prohibits federal forces from engaging in civilian law enforcement unless directed by the President under the Insurrection Act or related laws. Federal troops can be used to enforce law and order without an official declaration of martial law, and the Insurrection Act grants the President broad authority to deploy the military to assist in law enforcement activities.
The use of martial law to enforce law and order has a complex legal landscape. While some countries have explicit provisions for martial law, others rely on the common law doctrine of necessity. In the US, the Supreme Court has implied that the federal government can declare martial law, but the legal basis remains unclear. The President cannot unilaterally declare martial law, and Congress has placed restrictions on the President's ability to use the military domestically.
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To maintain stability in foreign-occupied territories
Martial law is a last resort to maintain stability in foreign-occupied territories. It is often declared when a country's military occupies foreign territory, such as at the end of a war. For example, the longest-ranging period of active martial law was the 9-year period between the 1963 Syrian coup d'état and 2011.
During this time, the military takes over the responsibility of governing and restoring order in a time of crisis. This means that civil liberties, such as the right to free movement, free speech, and protection from unreasonable searches, can be suspended. The justice system that typically handles issues of criminal and civil law is replaced with a military justice system, such as a military tribunal. Civilians may be arrested for violating curfews or for minor offenses that would not usually warrant detention.
Martial law can be used by governments to enforce their rule over the public. For example, in the United States, martial law has been used to break labor strikes on behalf of business interests. In 1903, the Colorado National Guard conducted mass arrests of striking workers and detained them in open-air bull pens, even ignoring state court orders to release the prisoners.
In foreign-occupied territories, martial law can be used to suppress political opposition and stabilize insurrections or perceived insurrections. It is important to note that the power to declare martial law and the circumstances in which it may be declared are governed by legislation or a country's constitution.
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To respond to natural disasters
Martial law is a last resort, typically invoked in times of war, rebellion, or natural disaster, when civilian authority has ceased to function, is completely absent, or has become ineffective. It involves the temporary substitution of military authority for civilian rule, and is often justified by necessity.
In the case of natural disasters, martial law can be used to respond to major events, such as hurricanes or earthquakes, where civilian authorities are overwhelmed or unable to function effectively. The military can provide direct and indirect support to civilian law enforcement agencies, with direct support involving enforcing the law and engaging in physical contact with offenders. This can include search operations, criminal investigations, arrests, and even traffic control. Indirect support includes logistics, transportation, and training assistance, which can be crucial in the aftermath of a natural disaster.
However, the use of martial law in the wake of natural disasters is less common than during situations of civil unrest or disorder. Governments are often reluctant to declare martial law and hand over power to the military, instead opting to declare a state of emergency. This allows them to expand their powers or limit the rights of citizens without ceding control to the military.
When martial law is declared, the military assumes governing responsibilities, and many civil liberties may be suspended to restore order. This can include the right to free movement, freedom of speech, and protection from unreasonable searches. The justice system is also replaced with a military justice system, and civilians may be arrested for violating curfews or minor offenses that would not typically warrant detention.
The decision to invoke martial law in response to a natural disaster should be carefully considered, weighing the potential benefits of increased order and stability against the suspension of civil liberties and the temporary loss of civilian rule.
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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. When martial law is in effect, military commanders have unlimited authority to make and enforce laws, and civil liberties are often suspended.
When martial law is declared, the military takes over the responsibility of governing from civilian authorities. This means that civil liberties such as freedom of movement, freedom of speech, and protection from unreasonable searches may be suspended. The justice system is replaced with a military justice system, and civilians may be arrested for violating curfews or minor offences.
The power to declare martial law usually rests with a nation's president or top civilian leader. However, this varies by country and is often governed by legislation or a country's constitution. In the United States, the president cannot unilaterally declare martial law, and it must be authorized by Congress.
The legal basis for martial law is often unclear and varies by country. Some countries have explicit provisions permitting the use of martial law, while others do not. In the United States, there is no explicit constitutional right to declare martial law, but it has been interpreted as allowed in times of necessity.
Martial law has been used in various countries and contexts. For example, it was imposed in Germany and Japan during post-World War II reconstruction and in the United States during the Civil War and World War II. More recently, it was declared in Thailand in 2006 and 2014, and Egypt in 2013. Martial law has also been used to break labour strikes, suppress political opposition, and stabilize insurrections.
