Martial law
The martial law (from the Latin martiālis, from Mars) is a statute of exception from the application of ordinary legal norms (normally regulated in the State Constitution), through which extraordinary powers are granted to the armed forces or the police regarding the administration of jurisdiction and the protection of public order. Usual cases of application of martial law are an armed conflict (in which case it is usually preceded by an official declaration of a state of war) or to quell rebellions.
Martial law is imposed when it is necessary to support the activities of authorities and military organizations. This occurs when there are needs classified as "urgent", in which the ordinary justice institutions do not work or if such institutions are considered slow or weak to maintain control of the new situation. The goal of martial law is to preserve order during an emergency.
In general, martial law implies a limitation and suspension of some of the rights that the legal system guarantees to the individual, in addition to applying summary processes in trials and severe punishments beyond those imposed in normal situations. In many cases of martial law, the death penalty is imposed for crimes that would not normally be capital crimes, such as looting or catastrophic robbery. Those normally called upon to exercise martial law are the military courts.
Use
Governments can use martial law to enforce their rule over the public, as seen in several countries listed below. These incidents can occur after a coup (Thailand in 2006 and 2014, and Egypt in 2013); when he was threatened by a popular protest (China, 1989 Tiananmen Square protests); suppress political opposition (martial law in Poland in 1981); or to stabilize insurrections or alleged insurrections (Canada, the October 1970 crisis). Martial law can be declared in cases of major natural disasters; however, most countries use a different legal construction, such as a state of emergency.
Martial law has also been imposed during conflicts and in cases of occupations, where the absence of any other civilian government provides for an unstable population. Examples of this form of military government include the post-World War II reconstruction in Germany and Japan, the recovery and reconstruction of the former Confederate States of America during the Reconstruction Era in the United States of America after the American Civil War. and the German occupation of northern France. between 1871 and 1873 after the Treaty of Frankfurt ended the Franco-Prussian War.
Typically, the imposition of martial law accompanies curfews; the suspension of civil law, civil rights and habeas corpus; and the application or extension of military law or military justice to the civilian population. Civilians who defy martial law may be subjected to a military court (martial of war).
Regulation by country
Due to decisions of the Supreme Court of the United States in cases that occurred during the Civil War and World War II, it was held that it was not possible to apply martial law if the civil courts called upon to dictate existed and were operational martial law. Martial law is the imposition of the military state, in which all civilians become soldiers, subject to the laws of the statute, although it must be legalized by the nation's congress.
By country / region
Armenian
During the fighting in Nagorno-Karabakh in September 2020, Armenian Prime Minister Nikol Pashinyan declared martial law.
Australia
The Black War was a period of violent conflict between British settlers and Aboriginal Australians in Tasmania from the mid-1820s to 1832. Escalating in violence in the late 1820s, Lieutenant Governor George Arthur declared the martial law in November 1828, giving immunity for killing Aboriginal people. [4] It would remain in force for over three years, the longest period of martial law in the history of the British colonies on the Australian mainland. As of 2020, martial law has never been declared since the continent became a nation.
Brunei
Brunei has been under martial law since a rebellion occurred on December 8, 1962 known as the Brunei Revolt and was suppressed by British troops from Singapore. The Sultan of Brunei, Sultan Haji Hassanal Bolkiah Mu'izzaddin Waddaulah, is currently the head of state and also Minister of Defense and Commander-in-Chief of the Royal Brunei Armed Forces.
Canada
The War Measures Act was a statute of the Parliament of Canada that allowed the government to assume broad emergency powers, short of martial law, meaning the military did not administer justice, which remained in the hands of the courts. The act was invoked three times: during World War I, World War II, and the October Crisis of 1970. In 1988, the War Measures Act was replaced by the Emergencies Act.
During the colonial era, martial law was proclaimed and applied in the territory of the province of Quebec during the invasion of Canada by the Continental Army during the American Revolutionary War in 1775-1776. It was also applied twice in the province of Lower Canada during the insurrections of 1837-1838. On December 5, following the events of November 1837, Governor Gosford proclaimed martial law in the Montreal district without the support of the Legislative Assembly of Lower Canada. It was imposed until April 27, 1838. Martial law it was proclaimed a second time on November 4, 1838, this time by Acting Governor John Colborne and applied in the borough of Montreal until August 24, 1839.
Chinese
In China, martial law in the Beiyang government could date back to the last year of the Qing dynasty. A draft constitution draft of 1908, modeled on Japan's Meiji Constitution, included provisions for martial law. The Provisional Government of the ROC promulgated the Provisional Constitution in March 1911, which authorized the President to declare martial law in times of emergency. The Martial Law Declaration Act was issued by the Nationalist government later in the 1920s and amended in the 1940s. After World War II, the island of Taiwan reverted to Chinese control given the impending withdrawal of the Japanese forces and the colonial government. Martial law was first declared in 1947 in Taiwan Province after the February 28 incident then again in 1949 when the Chinese Civil War was also raging across the country despite the democracy promised in the Constitution of the Republic of China (the central government refused to implement Taiwan's constitution until after 1949).
After the Nationalist-led central government of China lost all control of the mainland to the Communist Party of China and withdrew to Taiwan in 1949, the perceived need to suppress communist activities in Taiwan was used as a justification for not lifting martial law until thirty-eight years. later in 1987, just before the death of then-President Chiang Ching-kuo. Taiwan's martial law period was one of the longest in modern history, after Syria's (1967-2011).
Martial law was imposed in Beijing in 1989 following the 1989 Tiananmen Square protests by the communist government in mainland China.
Egypt
Martial law in Egypt: Egyptian tanks used at a checkpoint near the center of Tahrir during the 2011 Egyptian revolution. In Egypt, the state of emergency has been in effect almost continuously since 1967. Following the assassination of President Anwar el-Sadat in 1981, a state of emergency was declared. Egypt has been in a state of emergency ever since, with few exceptions. Parliament had renewed the emergency laws every three years since they were imposed. The legislation was extended in 2003 and was due to expire at the end of May 2006; there were plans to replace it with new anti-terrorism laws. But after the Dahab attacks in April of that year, the state of emergency was renewed for another two years. In May 2008 there was a further extension until June 2010. In May 2010, the state of emergency was it was further expanded, albeit with a government promise that it would apply only to "terrorism and drug" suspects.
The state of emergency gives military courts the power to try civilians and allows the government to detain anyone deemed a threat to state security for renewable periods of 45 days and without warrants. Public demonstrations are prohibited by law. On February 10, 2011, the former president of Egypt, Hosni Mubarak, promised the removal of the relevant constitutional article that gives legitimacy to the state of emergency in an attempt to accommodate the massive number of protesters who demanded his resignation. On February 11, 2011, the president resigned and Vice President Omar Suleiman de facto placed the country under martial law by transferring all civilian powers from the presidential institution to the military institution. It meant that presidential executive powers, parliamentary legislative powers, and judicial powers were transferred directly to the military system, which can delegate powers to any civilian institution within its territory.
The army issued its third announcement calling for an "end of the state of emergency as soon as order is restored in Egypt. Before martial law, the Egyptian parliament under the constitution had the civil power to declare a state of emergency. When they were under martial law, the military gained all the powers of the state, including dissolving parliament and suspending the constitution as he did in his fifth announcement. Under martial law, the only legal framework inside Egyptian territory is the military's numbered announcements. These announcements could, for example, order that any civil law be reinstated. The military announcements (communications) are the only de facto current constitution and legal framework for the Egyptian territory.
Iceland
The Icelandic constitution does not provide any mechanism for declaration of war, martial law, or a state of emergency.
Indonesia
On May 18, 2003, during a military activity in Aceh, by order of the president, the Indonesian Army Chief imposed martial law for a period of six months to offensively eliminate Aceh separatists.
Iran
On September 7, 1978, in response to public demonstrations protesting alleged government involvement in the death of Ayatollah Khomeini's son, Mostafa Khomeini Shah Mohammad Reza Pahlavi appointed Army Chief of Staff General Gholam Ali Oveisi, as the military governor of the capital city of Tehran. On September 8, the government effectively declared martial law in the capital along with several other cities across the country, after which further protests broke out, leading to the army's open fire on a group of protesters in Tehran's Jaleh Square the same day. Estimates of the number of casualties vary; However, according to Iranian human rights activist Emadedin Baghi, the number of people killed was 88, of whom 64 were shot dead in Jaleh Square. The day is often referred to as Black Friday. Unable to control the riots, the Shah dissolved the civilian government headed by Prime Minister Jafar Sharif-Emami on November 6 and appointed General Gholam Reza Azhari as Prime Minister, who ultimately failed in his efforts to restore order to the country. As he prepared to leave the country, the Shah dissolved the military government and appointed Shapour Bakhtiar, a reformist critic of his government, as the new prime minister on January 4, 1979. Bakhtiar's government fell on February 11 and gave rise to the Islamic Republic and the creation of a new constitution.
Article 79 of the Constitution of the Islamic Republic of Iran prohibits the proclamation of martial law without the approval of the Islamic Consultative Assembly.
Ireland
In 1916, during the Easter Rising, Lord Wimborne, the Lord Lieutenant of Ireland declared martial law to maintain order in the streets of Dublin. Subsequently, it was extended both in duration and geographical scope to the whole country with the consent of the British government. Much of Ireland was declared under martial law by the British authorities during the Irish War of Independence. A large part of Ireland was also under de facto martial law during the Irish Civil War.
The current Irish Constitution allows for martial law if the government declares a state of emergency, however capital punishment is prohibited in all circumstances, including a state of emergency.
Israel
Military administrative rule was in effect from 1949 to 1966 in some geographic areas of Israel with large Arab populations mainly the Negev Galilee and the Triangle. Residents of these areas were subject to martial law. The Israel Defense Forces enforced strict residency rules. Any Arab not registered in a census taken during November 1948 was deported. Permits had to be obtained from the military governor to travel more than a specified distance from a person's registered place of residence, and curfew administrative detentions, and expulsions they were common. Although military administration was officially for geographic areas, and not for people, its restrictions rarely applied to Jewish residents of these areas. In the early 1950s, martial law ceased to be in effect for Arab citizens living in the predominantly Jewish cities of Jaffa, Ramla, and Lod, who made up a total of about 15% of Israel's Arab population. But military rule remained in place of the remaining Arab population in other parts of Israel until 1966.
This period is remembered for its extreme repression of political rights, as well as inexplicable military brutality. Most political and civic organization was prohibited. Flying the Palestinian flag as well as other expressions of Palestinian patriotism were prohibited. Furthermore, despite the theoretical guarantee of full political rights, military government personnel frequently threatened Arab citizens if they did not vote in elections for candidates favored by the authorities. Perhaps the most commemorated incidence of military brutality in this period of time was the Kafr Qasim massacre in 1956, in which the Israel Border Police killed 48 people (19 men, 6 women and 23 children between the ages of 8 and 17) as they returned home from work at night. The Israeli army had ordered all Arab villages near the Green Line to be placed under curfew. However, this order came into force before the residents of these localities, including the residents of Kafr Qasim, were notified.
After the 1967 war, in which the Israeli army occupied the West Bank, the Gaza Strip, the Golan Heights in Syria and the Sinai Peninsula in Egypt, martial law applied to the Palestinian population as well as the Jordanian populations, Syrian and Egyptian in these areas was put in place. In 1993, the Oslo I accords provided limited self-government for the Palestinians under the Palestinian National Authority. Officially, only parts of Area C in the West Bank are under martial law.
During the 2006 Lebanon war, Defense Minister Amir Peretz declared martial law in the north of the country. The Israel Defense Forces were given the authority to instruct civilians and close offices, schools, camps and factories in cities deemed threatened by attack, as well as to impose curfews in northern cities.
The instructions of the Home Front Command are mandatory under martial law, rather than merely recommended. The order signed by Peretz was in effect for 48 hours and was extended by the Cabinet and the Knesset Defense and Foreign Affairs Committee for the duration of the war.
Mauritius
Mauritius is known for being a 'Westminster' style of democracy, but a peculiar system that was imposed on Mauritius during a period of civil unrest in 1968 as an emergency measure, has never been repealed and still it is used by the police force there to this day. The system, which apparently has no basis in the Mauritian constitution, allows police to arrest without having to show reasonable suspicion that a crime has been committed, but instead simply by submitting "provisional information" to the magistrate The defendant is then remanded or placed on bail and is required to report to the police or court on a regular basis, sometimes every day. There are examples of this system being used to intimidate or coerce people in civil litigation.
Pakistan
Martial law was declared in Pakistan on October 7, 1958 by President Iskander Mirza, who then appointed General Muhammad Ayub Khan as Chief Administrator of Martial Law and Aziz Ahmad as General Secretary and Deputy Administrator of Martial Law. However, three weeks later General Ayub—who had openly questioned the authority of the government before the imposition of martial law—deposed Iskandar Mirza on October 27, 1958, and assumed the presidency that virtually formalized the militarization of the political system in Pakistan. Four years later, a new document, the 1962 Constitution, was adopted. The second martial law was imposed on March 25, 1969, when President Ayub Khan abrogated the 1962 Constitution and handed over power to the commander-in-chief of the army, General Agha Mohammed Yahya Khan. On assuming the presidency, General Yahya Khan acceded to popular demands by abolishing the one unit system in West Pakistan and ordering general elections on the one man per vote principle.
The third was imposed by Zulfikar Ali Bhutto, the first civilian to hold this post in Pakistan after the Bangladesh Liberation War. On December 21, 1971, Bhutto assumed this position and that of president.
The fourth was imposed by General Muhammad Zia-ul-Haq on July 5, 1977. After several tumultuous years, which witnessed the secession of East Pakistan, politician Zulfikar Ali Bhutto took over in 1971 as the first civil administrator of martial law in recent history. imposing selective martial law in areas hostile to his rule, such as the country's largest province, Balochistan. Following widespread civil disorder, General Zia overthrew Bhutto and imposed full martial law on July 5, 1977, in a bloodless coup. Unsettled areas were controlled through indirect military action, such as Balochistan under the martial law governor, General Rahimuddin Khan. Civilian rule resumed in 1988 after the death of General Zia in a plane crash.
On November 3, 2007, President General Musharraf declared a state of emergency in the country, which is claimed to be tantamount to a state of martial law, as Pakistan's 1973 constitution was suspended and Pakistan's 1973 constitution was fired. Chief Justices of the Supreme Court.
On November 12, 2007, Musharraf issued some amendments to the Military Law, which gave the armed forces some additional powers.
Philippines
During World War II, President José P. Laurel placed the Philippines (then a client state of Imperial Japan) under martial law through Proclamation No. 29, dated September 21, 1944 and applied the next day at 09:00 PST. Proclamation No. 30 was issued on September 23, declaring the existence of a state of war between the Philippines and the United States and the United Kingdom, effective at 10:00 a.m. that day.
The country was again under martial law from 1972 to 1981 under President Ferdinand Marcos. Proclamation No. 1081 ("Proclamation of a State of Martial Law in the Philippines") was signed on September 21, 1972 and took effect on September 22. The official reason behind the declaration was to suppress growing civil strife and the threat of a communist takeover, particularly after a series of bombings (including the Plaza Miranda bombing) and an assassination attempt on Defense Minister Juan Ponce Enrile, in Mandaluyong.
The policy of martial law was initially welcomed, but ultimately proved unpopular as human rights abuses by the military had emerged (for example, the use of torture in intelligence gathering, disappearances forced), along with the decadence and excess of the Marcos family and their allies. However, martial law in the Philippines brought many infrastructure projects. Almost all of that infrastructure was functional. Along with economic downturns, these factors fermented dissent in various sectors (for example, the urban middle class) that crystallized with the assassination of imprisoned opposition Senator Benigno Aquino Jr. in 1983, and widespread fraud in the country of early elections. 1986. These eventually led to the 1986 People Power Revolution that overthrew Marcos and forced him into exile in Hawaii, where he died in 1989; his and Aquino's widow's rival presidential candidate, Corazon, was installed as his successor.
During this 9-year period, curfews were implemented as a safety measure. Most of the radio and television networks were suspended. Journalists accused of speaking out against the government were taken as political prisoners, some of them to be physically abused and tortured by the authorities.
There were rumors that President Gloria Macapagal Arroyo was planning to impose martial law to end military coup plots, general discontent among the civilian population, and criticism of her legitimacy stemming from the dubious results of the presidential election. 2004. In contrast, a national state of emergency was imposed in 2006 from February 24 to March 3, in order to quell an attempted coup and quell protesters.
On December 4, 2009, President Arroyo officially placed the province of Maguindanao under a state of martial law through Proclamation No. 1959. As with the last imposition, the declaration suspended the appeal of habeas corpus in the province. The announcement came days after hundreds of government troops were sent into the province to raid the armories of the powerful Ampatuan clan. Ampatuans were implicated in the massacre of 58 people, including women from the rival Mangudadatu clan, human rights lawyers and 31 media workers. Cited as one of the bloodiest incidents of political violence in Philippine history, the massacre was condemned around the world as the worst loss of life of media professionals in one day.
On May 23, 2017, President Rodrigo Duterte declared martial law throughout the main southern island of Mindanao, through Proclamation No. 216 due to the attack by the Maute Group in the city of Marawi, Lanao del South. It was announced at a briefing in Moscow by Secretary Ernesto Abella, and was in force until December 2019.
Poland
Martial law was introduced in communist Poland on December 13, 1981 by General Wojciech Jaruzelski to prevent the democratic opposition from gaining popularity and political power in the country. Thousands of people linked to the Solidarity Movement, including Lech Wałęsa, were arbitrarily arrested and detained. Approximately 91 deaths are attributed to martial law, including 9 miners shot by the police force during the pacification of the Wujek coal mine strike. Curfews, censorship and food rationing were put in place. A nationwide travel ban was imposed. Martial law was finally lifted on July 22, 1983. Contemporary Polish society is divided on the need to introduce martial law in 1981. Some see it as a lesser evil that was necessary to stop a possible Soviet military intervention such as that of Warsaw. The pact that Poland signed in 1955 allowed other Eastern Bloc countries to intervene if they believed communism was in danger.
South Korea
In October 1946, the United States Army Military Government in Korea declared martial law as a result of the Daegu riots. On November 17, 1948, the regime of President Syngman Rhee proclaimed martial law for put down the Jeju Uprising. On April 19, 1960, the government of Syngman Rhee proclaimed martial law to suppress the April Revolution.
Switzerland
There are no provisions for martial law as such in Switzerland. Under the Army Law of 1995, the army can be called upon by the cantonal (state) authorities for assistance (Assistenzdienst). This happens regularly in the case of natural disasters or special protection requirements (eg for the World Economic Forum in Davos). However, this assistance generally requires parliamentary authorization and is carried out within the regular legal framework and under the civilian leadership of the cantonal authorities. On the other hand, the federal authorities are authorized to use the Army to enforce law and order when the cantons are no longer able or unwilling to do so (Ordnungsdienst). With this came many significant landmarks. This power largely fell out of use after World War II.
Syria
The martial law regime between the 1963 Syrian coup and 2011 is the longest period of active martial law.
Thailand
Martial law in Thailand derives from the legal authority of the law enacted by King Vajiravudh after the abortive palace revolt of 1912, entitled "Martial Law, BE 2457 (1914)". Many coups have been attempted or achieved since then, but the Law governing martial law, amended in 1942, 1944, 1959, and 1972, has remained essentially the same. As of January 2004, the Prime Minister of Thailand, Thaksin Shinawatra, declared a state of martial law in the provinces of Pattani, Yala and Narathiwat in response to the growing insurgency in southern Thailand. On September 19, 2006, the Royal Thai Armed Forces declared martial law following a bloodless military coup in the Thai capital Bangkok, declared while Prime Minister Shinawatra was in New York City to address the General Assembly. of the United Nations. General Sonthi Boonyaratglin seized control of the government and soon after handed over the post of prime minister to former army chief general Surayud. Sonthi himself is Head of the Administrative Reform Council. At 3 a.m. m. On May 20, 2014, after seven months of civil and political unrest, Army Commander-in-Chief General Prayut Chan-ocha declared martial law throughout the country.
Türkiye
Since the founding of the Republic of Turkey in 1923, the Turkish Armed Forces have carried out three coups and announced martial law. Martial law between 1978 and 1983 was replaced by a state of emergency in a limited number of provinces that lasted until November 2002. On July 15, 2016, the Home Peace Council was said to have implied martial law in a broadcast on TRT during the 2016 Turkish coup attempt.
Ukraine
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Martial law restrictions were defined in a 2015 law "On the Legal Regime of Martial Law". The president decides on the declaration of martial law and then the Verkhovna Rada (parliament) must approve it.
On November 26, 2018, Verkhovna Rada lawmakers overwhelmingly supported President Petro Poroshenko's imposition of martial law in the coastal regions of Ukraine and on the borders of the Russian Federation and Transnistria, a region Unrecognized separatist from Moldova who has Russian troops stationed on its territory, in response to Russia's shooting and seizure of Ukrainian warships near the Crimean peninsula a day earlier. A total of 276 lawmakers in kyiv endorsed the measure, which entered into force on November 28, 2018 and will automatically expire in 30 days.
On February 24, 2022, Russian President Vladimir Putin announced the start of a military operation in the Donbas Region, in eastern Ukraine, registering attacks in Ukrainian cities such as Kiev and Kramatorsk, which is why the Ukrainian President Volodimir Zelenski announced that same day the imposition of this law throughout the territory of that country.
United States
In the United States, martial law has been declared for a state or other locality under various circumstances, including after a direct foreign attack (Hawaii after the Japanese attack on Pearl Harbor; New Orleans during the Battle of New Orleans); after a major disaster (Chicago after the Great Chicago Fire of 1871; San Francisco after the 1906 earthquake); and in response to the chaos associated with protests and mob action (San Francisco during the 1934 West Coast Strike; Montgomery, Alabama, following mob actions against the Freedom Riders). It has also been declared by renegade local leaders seeking to avoid arrest or challenges to their authority (Nauvoo, Illinois by Joseph Smith during the Illinois Mormon War and Utah by Governor Brigham Young during the Utah War).
The concept of martial law in the United States is closely related to the right of habeas corpus, which is essentially the right to a hearing on lawful imprisonment, or more broadly, supervision of the application of the law by the judiciary. The possibility of suspending habeas corpus is related to the imposition of martial law. Article 1, section 9 of the United States Constitution establishes that "the privilege of the writ of habeas corpus will not be suspended, unless, in cases of rebellion or invasion, public safety requires it". There have been many instances of the use of the military within the borders of the United States, such as during the Whiskey Rebellion and in the South during the Civil Rights Movement, but these acts do not amount to a declaration of martial law. The distinction must be made as clear as the one between martial law and military justice: the deployment of troops does not necessarily mean that civilian courts cannot function and, as the Supreme Court has pointed out, that is one of the keys to the law. martial.
In United States law, martial law is limited by various court decisions handed down between the American Civil War and World War II. In 1878, Congress passed the Posse Comitatus Act, which, depending on the circumstances, may prohibit US military involvement in domestic law enforcement without congressional approval.
Yugoslavia
During the Yugoslav wars in 1991, a "state of direct war threat" was declared. Although the forces of the entire SFRY were included in this conflict, martial law was never announced, but after secession, Croatia and Bosnia and Herzegovina declared martial law. On March 23, 1999, a "State of Threat of Direct War" in Yugoslavia, following the possibility of NATO airstrikes. The day after the strikes began, martial law was declared, which lasted until June 1999, although the strikes ended on June 10, following the Kumanovo Treaty.
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