Martial law

Martial law is a system of rules that takes effect (usually after a formal declaration) when a military authority takes control of the normal administration of justice (and usually of the whole state).

Martial law is instituted most often when it becomes necessary to favor the activity of military authorities and organizations, usually for urgent unforeseen needs, and when the normal institutions of justice either cannot function or could be deemed too slow or too weak for the new situation; e.g., due to war, major natural disaster, civil disorder, in occupied territory, or after a coup d'état. The need to preserve the public order during an emergency is the essential goal of martial law. However, declaration of martial law is also sometimes used by dictatorships, especially military dictatorships, to enforce their rule.

Usually martial law reduces some of the personal rights ordinarily granted to the citizen, limits the length of the trial processes, and prescribes more severe penalties than ordinary law. In many countries martial law prescribes the death penalty for certain crimes, even if ordinary law doesn't contain that crime or punishment in its system.

In many countries martial law imposes particular rules, one of which is curfew. Often, under this system, the administration of justice is left to military tribunals, called courts-martial. The suspension of the writ of habeas corpus is likely to occur.

Examples in and of various countries

Canada

For many years the Canadian government could institute martial law through a piece of legislation known as the War Measures Act. This act was invoked three times, in both world wars and in 1970, to suppress a gang of violent Quebec nationalists in an episode known as the October Crisis, although the October 1970 incident was not to be considered martial law as military only assisted police in securing key areas and kidnap-targetted people.

China

The Chinese constitution originally granted the National People's Congress the power to declare martial law. In 1989 Premier Li Peng unilaterally evoked the martial law clause to allow the military to stage a crackdown on Tiananmen Square protestors. This action proved controversial, and in 2004 the clause was finally weakened into a provision that allowed the government to simply declare a state of emergency.

Philippines

The Philippines was under the rule of martial law from 1972 to 1981 under the authoritarian rule of Ferdinand Marcos. Martial law was declared to quell increasing civil strife and the threat of communist takeover following a series of bombings in Manila. The declaration of martial law was initially well-received, but became unpopular as excesses and human rights abuses by the military emerged.

Switzerland

There are no provisions for martial law as such in Switzerland. Under the Army Law of 1995 [1], the Army can be called upon by cantonal (state) authorities for assistance (Assistenzdienst). This regularly happens in the case of natural disasters or special protection requirements (e.g., for the World Economic Forum in Davos). This assistance generally requires parliamentary authorisation, though, and takes place in the regular legal framework and under the civilian leadership of the cantonal authorities. On the other hand, the federal authorities are authorised to use the Army to enforce law and order when the Cantons no longer can or want to do so (Ordnungsdienst). This power largely fell into disuse after World War II. See [2].

Taiwan

While under the rule of the Kuomintang regime, Taiwan had the distinction of having the longest period of martial law in modern history. In the aftermath of the 228 Incident of 1947, martial law was declared in 1948, and the perceived need to suppress Communist and pro-democracy activities on the island meant that the martial law was not lifted until 1987.

United States of America

The martial law concept in the U.S. is closely tied with the Writ of Habeas Corpus. The ability to suspend Habeas Corpus is often equated with martial law. Article 1, Section 9 of the U.S. Constitution 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."

In United States law, martial law is limited by several court decisions handed down during the American Civil War and World War II. In Ex Parte Milligan 71 US 2 1866, the Supreme Court of the United States held that martial law could not be instituted within the United States when its civilian courts are in operation. [3]

The U.S. State of Tennessee

The Tennessee Constitution outlaws martial law within its jurisdiction.

The Territory of Hawaii

During World War II (1941 to 1944) what is now the State of Hawaii was held under martial law.

The U.S. State of Louisiana

During War of 1812 , General Andrew Jackson imposed martial law after liberating the encampment of New Orleans.

Hurricane Katrina

Contrary to many media reports, martial law has not been declared in New Orleans in the aftermath of Hurricane Katrina, because no such term exists in Louisiana state law^[4]. Rather, a state of emergency has been declared, which does give some powers similar to that of martial law. On the evening of August 31, New Orleans Mayor Ray Nagin did declare "martial law" (in name at least) in the city and said that "officers don't have to worry about civil rights and Miranda rights in stopping the looters." ^[5]

See also

• Military law (law to which soldiers are subject)
• Military rule
• State of emergency
• Martial law in Poland