Martial law

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Martial law is the imposition of direct military control of normal civilian functions by a government, especially in response to a temporary emergency such as invasion or major disaster, or in an occupied territory.

Overview

Martial law can be used by governments to enforce their rule over the public. Such incidents may occur after a coup d'état, when threatened by popular protest, to suppress political opposition, or to stabilize insurrections or perceived insurrections. Martial law may be declared in cases of major natural disasters; however, most countries use a different legal construct, such as a state of emergency.

Characteristics

Under martial law, civil liberties, such as the right to free movement, free speech, or protection from unreasonable searches, may be suspended. The justice system that is typically used to enforce the law is replaced with a military justice system, such as military tribunals. Civilians defying martial law may be subjected to military tribunals (court-martial).

Historical Examples

United States

In the United States, martial law has been declared several times. The most notable instances include:

• The American Civil War, when President Abraham Lincoln declared martial law and suspended the writ of habeas corpus.
• The Hawaii martial law period during World War II following the attack on Pearl Harbor.

Philippines

In the Philippines, martial law was declared by President Ferdinand Marcos from 1972 to 1981. This period was marked by human rights abuses, suppression of political opposition, and the curtailment of civil liberties.

Legal Framework

The legal framework for martial law varies by country. In some countries, the constitution provides for the declaration of martial law and outlines the conditions under which it can be declared. In others, martial law is declared through executive orders or decrees.

Implications

The declaration of martial law has significant implications for the rule of law and the protection of human rights. It often leads to the suspension of civil liberties and the concentration of power in the hands of the military. The use of martial law is often controversial and can lead to significant political and social unrest.

Related Pages

• State of emergency
• Military tribunal
• Coup d'état
• Civil liberties
• Habeas corpus
• American Civil War
• Ferdinand Marcos
• Pearl Harbor

See Also

• Military law
• Insurrection Act
• Posse Comitatus Act