Gavin Howe
Martial law is the temporary substitution of civilian government by military rule, usually invoked in times of war, rebellion, or natural disaster. It involves the suspension of civilian legal processes and civil liberties, with the military taking on the responsibility of governing. Martial law can be declared by a country's leader during a severe crisis, such as civil unrest or a collapse of civil order, and can continue for a specified period or indefinitely. Despite its frequent declaration throughout history, martial law remains a largely elusive legal entity, with varying interpretations and applications across different nations. Examples of martial law being invoked include the 2024 South Korean martial law, anti-government uprising in Bahrain in 2011, and multiple instances in Bangladesh.
| Characteristics | Values |
|---|---|
| Who can declare martial law? | In the US, martial law may be declared by proclamation of the President or a State governor. However, there is no explicit definition of martial law in the US Constitution and the President does not have the authority to declare it. State officials do have the power to declare martial law. |
| When can martial law be declared? | Martial law is usually invoked in times of war, rebellion, invasion, natural disaster, civil unrest, or a complete collapse of civil order. |
| What happens during martial law? | The military takes over the responsibility of governing from civilian authorities and 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 may be implemented. |
| How long can martial law last? | Martial law can last for a specified period, such as 60 days, or it can continue indefinitely. |
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What You'll Learn
Suspension of civil liberties
Martial law is the substitution of civilian government by military rule. It involves the suspension of civilian legal processes and the assumption of military powers. Standard civil liberties may be suspended during martial law, and a military commander may impose and enforce laws.
During martial law, the military has the authority to suspend the ordinary legal protections of civilian rights. This means that rights such as freedom of movement, freedom of speech, and protection from unreasonable searches may be curtailed. For example, curfews may be implemented to control the movement of citizens. In addition, the media may be censored or suspended, as seen in the case of the Philippines under martial law in the 1980s, when the majority of radio and television networks were suspended.
The suspension of civil liberties during martial law can also result in human rights abuses. For instance, under martial law in the Philippines, the military engaged in torture during intelligence gathering and forced disappearances.
It is important to note that the suspension of civil liberties during martial law is subject to legal and constitutional constraints. In the United States, for example, the federal government, even under martial law, cannot suspend or violate constitutional rights. Declarations of martial law are subject to judicial review, and individuals detained by the military can petition for a writ of habeas corpus to challenge their detention.
While the U.S. Constitution does not explicitly mention martial law, nearly every state has a constitutional provision authorizing the government to impose it in specific circumstances, such as rebellion, invasion, or the collapse of civil order. However, the president does not have the unilateral authority to declare martial law, as this power rests with Congress, which has enacted comprehensive legislation regulating the domestic deployment of the military.
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Human rights abuses
Martial law involves the temporary substitution of civilian rule for military authority and is usually invoked in times of war, rebellion, or natural disaster. When martial law is in effect, a military commander gains virtually unlimited authority to make and enforce laws.
The dictatorship of Ferdinand Marcos, the 10th Philippine president, in the 1970s and 1980s is historically remembered for its record of human rights abuses. During the martial law era (1972-1981), Amnesty International documented extensive human rights violations, including widespread arrests and detention, enforced disappearances, killings, and torture. The implementation of martial law in September 1972 began with a wave of arrests, targeting anyone who opposed Marcos, including political opponents, student activists, journalists, religious workers, farmers, and labor rights activists. Based on documentation from Amnesty International and other human rights organizations, historians believe that the Marcos dictatorship was marked by 3,257 known extrajudicial killings, 35,000 documented cases of torture, 737 people who disappeared, and 70,000 incarcerations. Many victims were subjected to torture methods that were designed to degrade them, and some were even subjected to cannibalism.
Torture was a common practice during the Martial Law rule, with young officers participating in the torture of political dissidents and suspected communists. Col. Rolando Abadilla and Lt. Rodolfo Aguinaldo, known as the "top two" torturers, were allegedly trained by CIA operatives in the United States. The international community eventually became aware of these human rights violations and pressured the Marcos regime to end them. In 1975, a Marcos aide defected and revealed to US lawmakers that torture was routinely practiced within the regime, attracting international criticism.
The impact of martial law under Marcos extended beyond the initial human rights abuses. Many victims and their families have been unable to receive reparations due to a lack of documentation and other requirements. The Human Rights Victims' Claims Board, created by the government to address these claims, ceased its work in 2018 after recognizing only 11,000 out of 75,000 claimants. Amnesty International continues to call for truth, justice, and reparations for all victims of martial law, emphasizing the need for accountability to prevent future human rights violations.
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Curfews
Martial law is a state of emergency where the military takes control of a civilian government, usually in response to a crisis or emergency. It is often declared in times of war, civil unrest, or natural disasters. During martial law, standard civil liberties may be suspended, and citizens' rights can be significantly limited. Curfews are a common feature of martial law, with the military enforcing strict residency rules and restricting freedom of movement.
During the 2006 Lebanon War, for example, Defense Minister Amir Peretz declared martial law over the north of the country. The Israel Defense Forces were granted the authority to impose curfews on cities in the north and to enforce strict residency rules. Any Arab not registered in a census taken during November 1948 was deported, and permits from the military governor had to be procured to travel more than a given distance from a person's registered place of residence.
In the Philippines, martial law was imposed from 1972 to 1981, and curfews were implemented as a safety measure. The policy of martial law was initially well-received, but it eventually proved unpopular due to human rights abuses by the military, economic downturns, and the excesses of the Marcos family and their allies. These factors led to the 1986 People Power Revolution, which ousted Marcos and forced him into exile.
In South Korea, President Yoon Suk Yeol declared martial law in December 2024 to "safeguard a liberal South Korea from the threats posed by North Korea's communist forces and to eliminate anti-state elements". However, lawmakers unanimously voted to lift martial law just six hours later.
In conclusion, curfews are a common feature of martial law, with the military enforcing strict controls on the movement of citizens. While martial law is intended to restore order during emergencies, it can also lead to human rights abuses and the suspension of civil liberties, as exemplified by the cases in Lebanon, the Philippines, and South Korea.
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Media censorship
In the lead-up to declaring martial law, Marcos issued Letter of Instruction No. 1, which authorised the military to take over the assets of privately-owned media companies. This letter was written in view of what Marcos called a national emergency, with a "criminal conspiracy to seize political and state power". All privately-owned newspapers, magazines, television, radio, and other mass media were ordered to be taken over and controlled so as to prevent their use for purposes that sought to undermine the government.
Once martial law was declared, the Department of Public Information issued Department Order No. 1, which prescribed policies and guidelines for the news media. This order stated that news reports should be of "positive national value" to assist the administration of martial law. It also prohibited media from carrying "any editorial opinion, commentary, comments or asides" or any material critical of the military or law enforcement agencies. The order required news agencies to get clearance from the agency before publishing or airing any content, including all foreign dispatches and cables.
In addition to shutting down media outlets and arresting journalists, those in power during martial law may also employ propaganda and disinformation campaigns to control the narrative. This was seen in the Philippines under the rule of Rodrigo Duterte, who openly declared his admiration for Marcos. Duterte was named a 'press freedom predator' by Reporters Without Borders due to his use of government-sponsored campaigns on social media to demonize mainstream media and spread disinformation and false narratives.
The effects of martial law on media censorship can be long-lasting. Even decades after the end of Marcos' rule, Filipino journalists continue to struggle with limited independence and agency in their work.
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Use of military force
Martial law involves 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, the military commander of an area or country has unlimited authority to make and enforce laws, and standard civil liberties may be suspended. This includes the freedom of movement, freedom of speech, and protection from unreasonable searches. Curfews can also be implemented.
In the United States, martial law may be declared by proclamation of the President or a State governor during severe crises, such as rebellion, invasion, or the total collapse of civil order. However, it should be noted that the President does not have the authority to declare martial law under current law. State officials have the power to declare martial law, but their actions must abide by the U.S. Constitution and are subject to review in federal court.
During martial law, the military is granted the power to use force to restore order. This can include the use of weapons and lethal force to suppress protests or dissent, as seen in the example of Bahrain in 2011. In this case, King Hamad bin Isa Al Khalifa declared martial law during an anti-government uprising, granting authority to the military to crack down on protesters.
The use of military force under martial law can also involve the implementation of curfews and the suspension of media outlets. For example, during the period of martial law in the Philippines under Marcos, curfews were put in place, and the majority of radio and television networks were suspended.
It is important to note that the use of military force during martial law is subject to legal and ethical constraints. For instance, the Posse Comitatus Act in the United States makes it illegal for federal military forces to participate in civilian law enforcement activities without express authorization from Congress. Additionally, individuals detained by the military under martial law can petition for a writ of habeas corpus, and a federal court can review the constitutionality of the declaration.
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Frequently asked questions
Martial law is the temporary substitution of military rule for civilian government, usually invoked in times of war, rebellion, or natural disaster.
In the United States, martial law may be declared by proclamation of the President or a State governor. However, the Posse Comitatus Act prohibits federal forces from assisting in domestic law enforcement unless the President has directed operations under the Insurrection Act or related laws. Congress might be able to authorize a presidential declaration of martial law, but this has not been conclusively decided.
When martial law is in effect, the military commander of an area or country has unlimited authority to make and enforce laws, and standard civil liberties may be suspended. Curfews can be implemented, and media networks may be suspended.
