Anaya Nolan
Martial law is the temporary rule by military authorities of a designated area in times of emergency when civil authorities are deemed unable to function. It involves the suspension of civilian legal processes and standard civil liberties, and the imposition of military law or military justice to civilians. Throughout history, martial law has been imposed at least 68 times in limited, usually local areas of the United States. It has also been implemented in other countries such as the Philippines, Thailand, Egypt, China, Poland, Syria, Iran, and South Korea. The legal effects of declaring martial law differ in various jurisdictions, but it is often imposed in times of war, invasion, civil unrest, natural disasters, or military coups.
| Characteristics | Values |
|---|---|
| Definition | "Martial law is the replacement of civilian government by military rule and the suspension of civilian legal processes for military powers." |
| Temporary or Permanent | Temporary in theory but may continue indefinitely |
| Implementation | Arises from necessity rather than legal right |
| Legal Justification | Common law doctrine of necessity |
| Instances | War or invasion, domestic war or insurrection, riot or civil unrest, labour dispute, natural disaster, military coups d'état, etc. |
| Examples | Thailand (2006 and 2014), Egypt (2013), China (Tiananmen Square protests of 1989), Poland (1981), Boston (1774), Virginia (1775), New York (1776), etc. |
| Effects | Suspension of civil rights, imposition of curfews, travel restrictions, suppression of press freedom, mass arrests, overcrowded jails, etc. |
| Human Rights Violations | Extrajudicial killings, torture, enforced disappearances, incarcerations, etc. |
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What You'll Learn
Martial law in the United States
Martial law is the replacement of civilian government by military rule and the suspension of civilian legal processes for military powers. It is usually invoked in times of war, rebellion, or natural disaster, or when civilian authority has ceased to function or is absent. In the United States, martial law has been imposed at least 68 times, mostly in limited, local areas. It has been declared nine times since World War II, and in five instances, it was designed to counter resistance to federal desegregation decrees in the South.
The US Constitution does not make specific provisions for the imposition of martial law, but nearly every state has a constitutional provision authorizing the government to impose it. The power of martial law, once considered nearly absolute, has been limited by several court decisions handed down between the American Civil War and World War II. In 1878, Congress passed the Posse Comitatus Act, which forbids US military involvement in domestic law enforcement without congressional approval.
The imposition of martial law in the US is closely tied to the right of habeas corpus, or the right to a hearing and trial on lawful imprisonment. Article 1, Section 9 of the US Constitution states that habeas corpus shall not be suspended unless "in Cases of Rebellion or Invasion [when] the public Safety may require it." The suspension of habeas corpus is not tantamount to a declaration of martial law, but the two are related.
Martial law has been imposed in the US in a variety of circumstances, including after major disasters, such as the Great Chicago Fire of 1871 and the 1906 San Francisco earthquake; during riots and civil unrest, such as the Omaha race riot of 1919 and the Civil Rights Movement; and in response to chaos associated with protests and rioting, such as the 1934 West Coast waterfront strike. During the events of the West Virginia Coal Wars (1920-1921), martial law was declared in the state of West Virginia, and federal troops were dispatched to deal with striking miners.
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Martial law in the Philippines
Martial law is the replacement of civilian government by military rule and the suspension of civilian legal processes for military powers. It is often declared in times of war or emergencies, such as civil unrest and natural disasters, or in cases of military coups d'état. While some countries have provisions explicitly permitting the use of martial law, many do not. In the latter case, the legal justification for declaring martial law is often the common law doctrine of necessity.
The imposition of martial law in the Philippines led to widespread political repression, including the arbitrary arrest of thousands of dissenters, such as political leaders and journalists. It also resulted in severe human rights violations, with historians believing that the Marcos dictatorship was marked by 3,257 known extrajudicial killings, 35,000 documented tortures, 737 disappearances, and 70,000 incarcerations. The declaration of martial law also allowed the Marcos family to amass secret stashes of unexplained wealth, later determined by courts to be "of criminal origin."
Public sentiment towards Marcos soured over time, and martial law was lifted in 1981. In 1986, Marcos was ousted during the People Power Revolution following the assassination of political rival Benigno Aquino Jr. This pivotal and controversial chapter in Philippine history highlighted the complexities of governance, authority, and civil rights. The period under Marcos's rule was marked by human rights abuses, targeting political opponents, student activists, journalists, religious workers, farmers, and others who fought against his dictatorship.
In addition to the Marcos era, the Philippines has experienced martial law during its colonial period, World War II, and more recently on the island of Mindanao during the administrations of Gloria Macapagal Arroyo and Rodrigo Duterte.
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Instances of martial law
Martial law is the replacement 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. While some countries have provisions explicitly permitting the use of martial law, many do not. In the latter cases, the legal justification for imposing martial law is often the common law doctrine of necessity.
United States:
- Boston (1774): In response to the Boston Tea Party, the British Parliament passed the Intolerable Acts, one of which effectively placed Boston under martial law by closing its port and restricting town meetings.
- Virginia (1775): Lord Dunmore, the royal governor of Virginia, declared martial law and offered freedom to indentured servants and enslaved individuals who joined British forces against the rebelling colonists.
- New York (1776): After the British captured New York City, martial law was imposed to restore order and assert British authority.
- New Orleans (1814): During the War of 1812, General Andrew Jackson imposed martial law in New Orleans. He imposed strict curfews and travel restrictions on all residents and declared that anyone challenging his authority would be considered a spy or traitor.
- Great Chicago Fire (1871): Local leaders declared martial law to protect the city from mob violence after the Great Chicago Fire.
- San Francisco Earthquake (1906): Martial law was declared after the 1906 earthquake in San Francisco to maintain order and assist with disaster relief.
- Omaha Race Riot (1919): In response to the Omaha race riot in 1919, local leaders declared martial law to protect themselves and the city from mob violence.
- Lexington Riots (1920): Similar to the Omaha Race Riot, martial law was declared during the Lexington riots of 1920 to control mob violence.
- West Coast Waterfront Strike (1934): Martial law was imposed during the 1934 West Coast waterfront strike due to the chaos associated with protests and rioting.
- Hawaii, Pearl Harbor (1941): After Japan's attack on Pearl Harbor in 1941, Hawaii was placed under martial law.
- Civil Rights Movement, Cambridge Riot (1963): During the Civil Rights Movement, martial law was imposed in response to the Cambridge riot of 1963.
- Isla Vista, California (1970): In 1970, martial law was imposed in the university town of Isla Vista, California, following aggressive police repression of student demonstrations against the Vietnam War.
Philippines:
- Ferdinand Marcos Administration: Ferdinand Marcos imposed martial law in the Philippines during his administration, citing a mythologized "communist threat" and social unrest caused by economic policies as justifications.
- Gloria Macapagal Arroyo Administration: The Philippines was also placed under martial law during the administration of Gloria Macapagal Arroyo.
- Rodrigo Duterte Administration: More recently, the Philippines was under martial law during the administration of Rodrigo Duterte.
Egypt:
2011 Egyptian Revolution: In 2011, during the Egyptian Revolution, the military gained all powers of the state, including dissolving parliament and suspending the constitution.
Thailand:
2006 and 2014: Thailand experienced periods of martial law in 2006 and 2014 following coups d'état.
Turkey:
1960, 1971, 1978-1983: Turkey experienced martial law following coups d'état in 1960, 1971, and 1978, with the last period extending until 1983.
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The legality of martial law
Martial law is the temporary replacement of civilian government by military rule, and the suspension of civilian legal processes for military powers. It is often declared in times of war, rebellion, natural disaster, or civil unrest.
In the United States, for example, there is no explicit constitutional right to declare martial law, but it has been imposed at least 68 times, mostly in limited, local areas. The US Constitution's Article 1, Section 9 states, "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it." The concept of martial law in the US is closely tied to the right of habeas corpus, which is the right to a hearing and trial on lawful imprisonment. The Posse Comitatus Act, passed in 1878, also limits the US military's involvement in domestic law enforcement without congressional approval.
In the Philippines, the president, as head of state and commander-in-chief of the armed forces, may declare martial law "in case of invasion or rebellion, when public safety requires it." Similarly, Article 79 of the Constitution of the Islamic Republic of Iran forbids the proclamation of martial law without the approval of the Islamic Consultative Assembly.
In Egypt, the military gained all powers of the state under martial law, including dissolving parliament and suspending the constitution. The military's announcements became the de facto constitution and legal framework for the country.
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The consequences of martial law
Martial law is the temporary replacement of civilian government by military rule and the suspension of civilian legal processes for military powers. It is often declared in times of war, rebellion, natural disaster, or civil unrest. While it is usually invoked out of necessity, it can also be used by governments to enforce their rule over the public.
Suspension of Civil Liberties and Rights: Martial law often results in the suspension of civil liberties and rights, including freedom of movement, assembly, and speech. Curfews and travel restrictions may be imposed, as seen during General Andrew Jackson's imposition of martial law in New Orleans in 1814.
Military Justice and Tribunals: Civilians under martial law may be subjected to military justice and tried by military tribunals (court-martial). This can lead to mass arrests and overcrowded jails, as seen during Jackson's rule, where he also imprisoned judges who ruled against his actions.
Restriction on Press Freedom: To maintain control and prevent the leakage of sensitive information, governments imposing martial law may restrict press freedom. Jackson, for example, warned newspapers not to publish information about the Treaty of Ghent without his approval.
Political Opposition and Exile: Martial law can be used to suppress political opposition, as seen in Poland in 1981. Opposition leaders may be arrested or forced into exile, as was the case with Benigno S. Aquino, Jr. in the Philippines under Marcos' rule.
Economic Impact: The imposition of martial law can have significant economic consequences. In the Philippines, Marcos' administration experienced an economic crisis due to increased government spending, leading to social unrest and the proclamation of martial law in 1972.
Social and Civil Unrest: Martial law can lead to social and civil unrest, as communities resist the imposition of military rule and the suspension of their rights. This unrest can escalate into insurrections or rebellions, as occurred in the Muslim areas of the Philippines during Marcos' rule.
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Frequently asked questions
Martial law is the temporary rule by military authorities of a designated area in a time of emergency when civil authorities are deemed unable to function. It involves the suspension of normal civil rights and the extension of military law or military justice to civilians.
The head of state or commander in chief of the armed forces can declare martial law. In the United States, there is no explicit constitutional right to declare martial law, but scholars interpret the law to allow for its implementation in times of necessity.
Martial law has been imposed at least 68 times in limited, usually local areas of the United States. Notable instances include:
- Boston (1774) - In response to the Boston Tea Party, the British Parliament passed the Intolerable Acts, placing Boston under martial law.
- Virginia (1775) - Lord Dunmore, the royal governor of Virginia, declared martial law, offering freedom to enslaved individuals who joined British forces.
- New Orleans during the Battle of New Orleans
- After the Great Chicago Fire of 1871 and the 1906 San Francisco earthquake
- During riots, such as the Omaha race riot of 1919 and the Cambridge riot of 1963 during the Civil Rights Movement
A notable example of martial law outside of the United States is in the Philippines under Ferdinand Marcos. Marcos declared martial law in September 1972, citing the need to defend against the ""communist threat" and sectarian "rebellion." This period lasted 14 years and was marked by human rights abuses and extrajudicial killings.
Martial law can result in the suspension of civil liberties, including freedom of movement and freedom of the press. Civilians who defy martial law may be subjected to military tribunals and court-martials. The regular civil courts typically do not review the decisions of military tribunals, and there is limited authority to address abuses of power by the military.
