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Martial Law
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''For other uses, see {{PAGENAME}} (disambiguation).''
'''Martial law''' is the system of rules that takes effect (usually after a formal declaration) when a
military authority takes control of the normal administration of justice.
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'etat 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 does not 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 a military
tribunal, called a
court-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 due to riots over conscription (the
Conscription Crisis of 1917 and
Conscription Crisis of 1944) and in the
October Crisis of 1970, although it is debatable whether the 1970 incident can be considered martial law as the military only assisted police and guarded government officials and buildings.
During the
Canadian federal election, 2006, a military ad that was leaked from the incumbent Liberals' office suggested that their primary opponent, the
Conservative Party of Canada, would invoke martial law if they won. Public backlash from this was severe, and is attributed to as one of the factors to the Conservative win.
People's Republic of China (mainland China)
The constitution of the People's Republic of China 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 protests of 1989 Tiananmen Square protesters. 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.
Republic of China (Taiwan)
After the
Kuomintang (Nationalist) regime of the Republic of China retreated from mainland China to
Taiwan, the distinction of having the longest period of martial law in modern history was imposed on Taiwan and the
list of islands of the Republic of China other islands administered by the Republic of China. 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.
Egypt
Due to the assassination of
Anwar Sadat President Anwar el-Sadat in
1981, martial law was declared in Egypt. Egypt has been under martial law ever since, and when a period of martial law ends, it is renewed. However,
Hosni Mubarak President Hosni Mubarak has promised to put an end to the martial law and replace it with anti-terrorism laws.
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. Torture was used in extracting information to their enemies.
Poland
{{main|Martial law in Poland}}
Martial law was introduced in Poland by the Communist government on December 13, 1981 to prevent democratic movements from gaining popularity and political power in the country.
Switzerland
There are no provisions for martial law as such in
Switzerland. Under the ''Army Law'' of
1995 [http://www.admin.ch/ch/d/sr/c510_10.html], the
Swiss Army Army can be called upon by
Cantons of Switzerland 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 [http://www.admin.ch/cp/d/1997Jan29.105055.7098@idz.bfi.admin.ch.html]''.
United States of America
The martial law concept in the U.S. is closely tied with the Writ of ''
habeas corpus'', which is in essence the right to a hearing on lawful imprisonment, or more broadly, the supervision of law enforcement by the judiciary. 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 that were handed down between 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. In
1878,
Congress of the United States Congress passed the
Posse Comitatus Act, which forbids military involvement in domestic law enforcement without congressional approval. The
United States National Guard National Guard is an exception, since unless federalized, they are under the control of state governors. [http://www.usconstitution.net/consttop_mlaw.html]
= The U.S. State of Tennessee
=
The
Tennessee Constitution outlaws martial law within its jurisdiction. This may be a result of the experience of Tennessee residents and other Southerners during the period of military control by Union (Northern) forces of the US government after the
American Civil War.
= The Territory of Hawaii
=
During
World War II (
1941 to
1944) what is now the
State of Hawaii was held under martial law.
= New Orleans, Louisiana
=
During the
War of 1812, U.S. General
Andrew Jackson imposed martial law in
New Orleans,
Louisiana after liberating the encampment of
New Orleans from British invaders.
== Hurricane Katrina
==
Contrary to many media reports at the time, martial law was ''not'' declared in New Orleans in the aftermath of
Hurricane Katrina, because no such term exists in Louisiana state law. However, a
state of emergency was declared, which ''does'' give unique powers to the state government similar to those of martial law. On the evening of
August 31,
2005, New Orleans Mayor
Ray Nagin nominally declared "martial law" and said that "officers don't have to worry about
civil rights and
Miranda warning Miranda rights in stopping the looters."
''See also [http://slate.msn.com/id/2125584/nav/tap1/ "What Is Martial Law? And is New Orleans under it?"] by the
Slate (magazine) Slate Explainer''.
Thailand
In January of 2004, the current Prime Minister of Thailand,
Thaksin Shinawatra, declared a state of martial law in the provinces of
Pattani Province Pattani,
Yala Province Yala, and
Narathiwat Province Narathiwat in response to the growing
South Thailand insurgency.
Pakistan
Martial law has been declared in Pakistan several times. President
Mirza declared martial law on October 7, 1958 with the view to introducing a new constitution "more suited to the genius of the Pakistani people" in November.
See also
*
Military law (law to which members of the military are subject)
*
Military rule
*
State of emergency
*
Martial law in Poland
External links
-
Martial law in Thailand in 2005
-
MARTIAL LAW ARCHIVE
-
Answer.com
-
Is America Preparing for Martial Law?
-
Martial Law News
-
Martial Law Rense.com
Category:Emergency laws
Category:Military law
cs:Stanné právo
de:Kriegsrecht
fr:Loi martiale
he:ממשל צב×?×™
id:Darurat militer
ilo:Linteg Militar
ja:戒厳令
nl:Staat van beleg
pl:Stan wojenny
see
Martial law
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