Martial law is the replacement of civilian government by military rule and the suspension of civilian legal processes for military powers.[1] Martial law can continue for a specified amount of time, or indefinitely, and standard civil liberties may be suspended for as long as martial law continues.[2][1] Most often, martial law is declared in times of war or emergencies such as civil unrest and natural disasters.[3] Alternatively, martial law may be declared in instances ofmilitary coups d'état.[4]
Overview
Despite the fact that it has been declared frequently throughout history, martial law is still often described as largely elusive as a legal entity.[5] References to martial law date back to 1628 England, whenSir Matthew Hale described martial law as, "no Law, but something indulged rather than allowed as a Law."[5] Despite being centuries old, this quote remains true in many countries around the world today. Most often, the implementation of martial law arises from necessity rather than legal right, and while some countries have provisions explicitly permitting the use of martial law, many do not.[5] For countries that do not explicitly permit the declaration of martial law, but where martial law has been declared, the legal justification for it is often the common lawdoctrine of necessity, or some variation of it.
Common law doctrine of necessity and martial law
One legal theory most frequently associated with martial law is the common law doctrine of necessity.[5] While many countries, the United States for example, do not have the explicit constitutional right to declare martial law, scholars often interpret the law of the United States to allow for the implementation of martial law in times of necessity.[6] Countries such as Pakistan have famously implemented this rationale as well.[7]
Use
Martial law can be used by governments to enforce their rule over the public, as seen in multiple countries listed below. Such incidents may occur after acoup d'état (Thailand in 2006 and2014, andEgypt in 2013); when threatened by popular protest (China,Tiananmen Square protests of 1989); to suppress political opposition (martial law in Poland in 1981); 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 astate of emergency.
Martial law has also been imposed during conflicts, and in cases of occupations, where the absence of any other civil government provides for an unstable population. Examples of this form of military rule include postWorld War II reconstruction in Germany and Japan, the recovery and reconstruction of the formerConfederate States of America duringReconstruction Era in the United States of America following theAmerican Civil War, and German occupation of northern France between 1871 and 1873 after theTreaty of Frankfurt ended theFranco-Prussian War.
TheBlack War was a period of violent conflict betweenBritish colonists andAboriginal Australians inTasmania from the mid-1820s to 1832. With an escalation of violence in the late 1820s, Lieutenant-GovernorGeorge Arthur declared martial law in November 1828—effectively providing legal immunity for killing Aboriginal people.[9] It would remain in force for more than three years, the longest period of martial law in the history of the British colonies on the Australian continent. As of 2023[update], martial law has never been declared sincefederation in 1901.
Azerbaijan
During the 2020 Nagorno-Karabakh war, Azerbaijani presidentIlham Aliyev declared martial law.[10]
Bahrain
In 2011, KingHamad bin Isa Al Khalifa declared martial law during ananti-government uprising, granting authority to the police and military to crack down on protesters.[11] It was lifted on 1 June amid a continuing crackdown on the uprising.[12]
Bangladesh was under martial law several times, in the late 70s afterMujib was assassinated, Martial Law was declared temporarily under Chief Martial Law administrators including Ziaur Rahman[13][14] andHussain Muhammad Ershad declared Martial Law in the early 80s.[15][16][17]
TheWar Measures Act was aParliament of Canadastatute that allowed the government to assume sweeping emergency powers, stopping short of martial law, i.e., the military did not administer justice, which remained in the hands of the courts. The act was invoked three times: DuringWorld War I,World War II, and theOctober Crisis of 1970. In 1988, theWar Measures Act was replaced by theEmergencies Act, which saw its first invocation in February 2022 amidst theFreedom Convoy protests.
After theNationalist-led central government of China lost control of the mainland to theChinese Communist Party and retreated to Taiwan in 1949, the perceived need to suppress Communist activities in Taiwan was utilised as a rationale for not lifting martial law until thirty-eight years later in 1987, just prior to the death of then PresidentChiang Ching-kuo. Taiwan's period of martial law was one of the longest in modern history, after that of Syria (1967–2011).[19]
Martial law in Egypt: Egyptian tanks used in a checkpoint near midtown Tahrir during the2011 Egyptian revolution.
In Egypt,states of emergency were in effect almost continuously from 1967 to 2021. A state of emergency gives military courts the power to try civilians and allows the government to detain for renewable 45-day periods and without court orders anyone deemed to be threatening state security. Public demonstrations are banned under the legislation.
DuringHosni Mubarak's presidency, parliament had renewed emergency laws every three years since they were imposed. The legislation was extended in 2003 and were due to expire at the end of May 2006; plans were in place to replace it with new anti-terrorism laws. After theDahab bombings in April of that year, it was renewed for another two years.[20][21] In May 2008 there was a further extension to June 2010.[22] In May 2010, the state of emergency was further extended, albeit with a promise from the government to be applied only to 'Terrorism and Drugs' suspects. On 10 February 2011, during theuprising against his rule, Mubarak promised the deletion of the relevant constitutional article regarding the emergency law in an attempt to please the mass number of protesters that demanded him to resign. The following day, he stepped down and handed control of the country to theSupreme Council of the Armed Forces. It meant that the presidential executive powers, the parliamentary legislative powers and the judicial powers all transferred directly to the military system which may delegate powers back and forth to any civilian institution within its territory.
The military issued in its third announcement the "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 civilian power to declare a state of emergency. When in martial law, the military gained all powers of the state, including to dissolve the parliament and suspend the constitution as it did in its fifth announcement. Under martial law, the only legal framework within the Egyptian territory was the numbered announcements from the military. These announcements could for instance order any civilian laws to come back into force. The military announcements (communiqués) were thede facto only constitution and legal framework for the Egyptian territory. It meant that all affairs of the state were bound by theGeneva Conventions.
Under the current presidentAbdel Fattah el-Sisi, a series ofconstitutional amendments passed in 2019 granted the military authority to intervene in national politics to "preserve the constitution and democracy, protect the basic principles of the state and its civil nature, and protect the people's rights and freedoms". The armed forces were separately granted policing responsibilities to arrest civilians and "protect public and vital facilities".[23][24]
Finland
The Preparedness Act (SDK 1552/2011,Finnish:valmiuslaki) is a law in Finnish legislation, enacted in accordance with the constitutional procedure. The purpose of the Act is to give the authorities sufficient powers in times of war and other exceptional circumstances. During a state of defence (war), there is also the Defence Status Act, the provisions of which override the Preparedness Act. Together, the two laws form the Emergency Preparedness Act. The current Emergency Preparedness Act and its predecessor of the same name (1080/1991) were designed to replace the emergency provisions previously scattered over several different acts.
The sole mention of Martial Law in theIndian constitution is in Article 34 which gives Parliament the power to indemnify persons in respect of acts done in territories where martial law was in force and to legitimize such actions. But in the text itself, there is no mention of any grants of power to declare martial law.[25] TheSupreme Court of India inPuttaswamy v. Union of India declared that certain rights of life and liberty arenatural rights, which cannot be curbed by the state, but also upheld the inherent right of issuing writs by courts.[26] As the power of martial law is given through anenabling act of the Parliament, it is inherently subject to the above decision.
On 18 May 2003, during a military activity inAceh, under the order of thepresident,Indonesian Army Chief imposed martial law for a period of six months to eliminateAcehnese separatists.
Iran
On 7 September 1978, in response to public demonstrations protesting the perceived government involvement in the death of the son of Ayatollah Khomeini,Mostafa Khomeini,ShahMohammad Reza Pahlavi appointed Chief of Army Staff GeneralGholam Ali Oveisi as the military governor of the capital city ofTehran.[30] On 8 September, the government effectively declared martial law on the capital along with several other cities throughout the country, after which further protests erupted that lead to the army opening fire on a group of protesters in Tehran's Jaleh Square on the same day. Estimates on the number of casualties vary; However, according to Iranian human rights activistEmadeddin Baghi, the number of people killed was 88 of which 64 were gunned down in Jaleh Square.[31] The day is often referred to asBlack Friday. Unable to control the unrest, the Shah dissolved the civil government headed by Prime MinisterJafar Sharif-Emami on 6 November and appointed GeneralGholam Reza Azhari as the prime minister whom ultimately failed in his efforts to restore order to the country. As he was preparing to leave the country, the Shah dissolved the military government and appointedShapour Bakhtiar, a reformist critic of his rule, as the new prime minister on 4 January 1979. Bakhtiar's government fell on 11 February and gave rise to the Islamic Republic and the creation of a new constitution.[30]
In late July 1921 Lord Cave (House of Lords) ruled on an appeal that:"...the military court, the validity of whose sentence was called into question, was a body possessing no statutory or common law authority...". TheCourt of Chancery (Ireland) also ruled that theRestoration of Order in Ireland Act 1920 had superseded the power to declare martial law. Any sentences by military tribunals that were not in accordance with that Act were declared void.[34]
The currentIrish 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 government was in effect from 1949 to 1966 over some geographical areas ofIsrael having largeArab populations, primarily theNegev,Galilee, and theTriangle. The residents of these areas were subject to martial law.[35][36] TheIsrael Defense Forces enforced strict residency rules. Any Arab not registered in a census taken during November 1948 was deported.[37] Permits from the military governor had to be procured to travel more than a given distance from a person's registered place of residence, andcurfew,administrative detentions, and expulsions were common.[35] Although the military administration was officially for geographical areas, and not people, its restrictions were seldom enforced on the Jewish residents of these areas. In the early 1950s, martial law ceased to be in effect for those Arab citizens living in predominantly Jewish cities ofJaffa,Ramla, andLod, constituting a total of approximately 15% of the Arab population of Israel. But military rule remained in place on the remaining Arab population elsewhere within Israel until 1966.[38]
This period is remembered for its extreme crackdown on political rights, as well as unaccountable military brutality. Most political and civil organization was prohibited. Flying ofPalestinian flag, as well as other expressions of Palestinian patriotism were prohibited. Furthermore, despite theoretical guarantee of full political rights, military government personnel frequently made threats against Arabs citizens if they did not vote in elections for the candidates favored by the authorities.[39] Perhaps the most commemorated incidence of military brutality in this time period was theKafr Qasim massacre in 1956, in which theIsrael Border Police killed 48 people (19 men, 6 women and 23 children aged 8–17) as they were returning home from work in the evening. The Israeli army had ordered that all Arab villages in the proximity of theGreen Line be placed under curfew. However, this order came into effect before the residents of these localities, including residents ofKafr Qasim, were notified.
Following the 1967 war, in which the Israeli army occupied theWest Bank,Gaza Strip, theGolan Heights in Syria, and theSinai Peninsula in Egypt, martial law over thePalestinian population as well as the Jordanian, Syrian, and Egyptian populations in these areas was put in place. In 1993, theOslo I agreements facilitated limited self-rule for Palestinians under thePalestinian National Authority. Officially, only parts ofArea C in the West Bank are under martial law.[40]
During the2006 Lebanon war, martial law was declared by Defense MinisterAmir Peretz over the north of the country. TheIsrael Defense Forces were granted the authority to issue instructions to civilians, and to close down offices, schools, camps and factories in cities considered under threat of attack, as well as to impose curfews on cities in the north.[41]
Instructions of theHome Front Command are obligatory under martial law, rather than merely recommended.[41] The order signed by Peretz was in effect for 48 hours[41] and was extended by theCabinet and the Knesset Foreign Affairs and Defense Committee over the war's duration.[citation needed]
Mauritius
Mauritius is known as being a "Westminster" style of democracy but a peculiar system that was imposed in Mauritius during a period of civil unrest in 1968 as an emergency measure, has never been repealed and is still used by the police force there to this day. The system, which has no apparent foundation in the constitution of Mauritius, enables the police to arrest without having to demonstrate reasonable suspicion that a crime has been carried out but simply on the submission of "provisional information" to the magistrate. The accused is then placed on remand or bail and required to report to the police or the court on a regular basis, sometimes every day. There are examples of this system being used to intimidate or coerce individuals in civil litigations.[42][failed verification]
Myanmar
On 1 February 2021, democratically elected members of Myanmar, known as theNational League for Democracy, were overthrown by Myanmar's military, called theTatmadaw.[43] This military placed their power in amilitary junta.[44] Five days following the coup, factory workers around Yangon (a region in Myanmar) held protests against the coup regime.[43] On 14 March, security forces killed upwards of sixty-five protestors in the town of Hlaingtharyar.[44] As a result, the military junta declared martial law over the region of Yangon, including over the majority of industrial zones.[44] As of 22 February 2023, Myanmar's military junta has declared martial law over a total of 50 townships in the regions of Chin, Kachin, Karen, Karenni, Mon States, Yangon and Mandalay.[44] News reports indicate that since the military coup in February 2021, and the subsequent declaration of martial law in Myanmar regions, military tribunals have sentenced more than 100 people to death.[44] Reports further indicate that a total of three townships in Myanmar's northwest reside under the "executive and judicial jurisdiction of regional military commander Maj. Gen. Than Htike," who has since been sanctioned by the European Union for alleged human rights violations since Myanmar's declaration of martial law.[44]
Martial law was declared inPakistan on 7 October 1958, by PresidentIskander Mirza who then appointed GeneralMuhammad Ayub Khan as the Chief Martial Law Administrator and Aziz Ahmad as Secretary General and Deputy Chief Martial Law Administrator. However, three weeks later General Ayub—who had been openly questioning the authority of the government before the imposition of martial law—deposed Iskandar Mirza on 27 October 1958 and assumed the presidency that practically formalized the militarization of the political system in Pakistan. Four years later a new document, Constitution of 1962, was adopted. The second martial law was imposed on 25 March 1969 by Yahya Khan, when President Yahya Khan abrogated the Constitution of 1962 and Ayub Khan handed over power to the Army Commander-in-Chief, GeneralAgha Mohammad Yahya Khan. On assuming the presidency, General Yahya Khan acceded to popular demands by abolishing the one-unit system in West Pakistan and ordered general elections on the principle of one man one vote.
The civilian martial law was imposed byZulfikar Ali Bhutto, the first civilian to hold this post in Pakistan after theBangladesh Liberation War. On 21 December 1971, Bhutto took this post as well as that of President. It was the first civilian martial law.
The third was imposed by the GeneralMuhammad Zia-ul-Haq on 5 July 1977. After several tumultuous years, which witnessed the secession ofEast Pakistan to form Bangladesh, politicianZulfikar Ali Bhutto took over in 1971 as the first civilian martial law administrator in recent history, imposing selective martial law in areas hostile to his rule, such as the country's largest province,Balochistan. Following widespreadcivil disorder, General Zia overthrew Bhutto and imposed martial law in its totality on 5 July 1977, in a bloodlesscoup d'état. Unstable areas were brought under control through indirectmilitary action, such as Balochistan under Martial Law Governor, GeneralRahimuddin Khan. Civilian government resumed in 1988 following General Zia's death in an aircraft crash.
On 12 October 1999, the government of Prime MinisterNawaz Sharif was dissolved, and the Army took control once more. A fourth martial law was imposed. GeneralPervez Musharraf took the title ofChief Executive until thePresident of PakistanRafiq Tarar resigned and General Musharraf became president. Elections were held in October 2002 andMir Zafarullah Khan Jamali becamePrime Minister of Pakistan. Jamali's premiership was followed byChaudhry Shujaat Hussain andShaukat Aziz. While the government was supposed to be run by an elected prime minister, there was a common understanding that important decisions were made by the President General Musharraf.
General Pervez Musharraf pointed out it as an emergency, not Martial Law. The Constitution, Parliament and Provincial Assemblies were suspended and Musharraf issued "Proclamation of Emergency" on 14 October 1999.
On 3 November 2007, President General Musharraf declared the state of emergency in the country which is claimed to be equivalent to the state of martial law as the constitution of Pakistan of 1973 was suspended, and the Chief Justices of the Supreme Court were fired.
On 12 November 2007, Musharraf issued some amendments in the Military Act, which gave the armed forces some additional powers.
The country was under martial law again from 1972 to 1981 under PresidentFerdinand Marcos.Proclamation № 1081 ("Proclaiming a State of Martial Law in the Philippines") was signed on 21 September 1972 and came into force on 23 September. The official reason behind the declaration was to suppress increasing civil strife and the threat of acommunist takeover, particularly after a series of bombings (including thePlaza Miranda bombing) and an assassination attempt onDefense MinisterJuan Ponce Enrile inMandaluyong.
The policy of martial law was initially well received, but it eventually proved unpopular as the military'shuman rights abuses (e.g. use oftorture in intelligence gathering,forced disappearances), along with the decadence and excess of the Marcos family and their allies, had emerged. Coupled with economic downturns, these factors fermented dissent in various sectors (e.g. the urbanmiddle class) that crystallised with theassassination of jailed oppositionistSenatorBenigno Aquino Jr. in 1983, and widespread fraud in the1986 snap elections. These eventually led to the1986 People Power Revolution that ousted Marcos and forced him into exile inHawaii where he died in 1989; his rival presidential candidate and Aquino's widow,Corazon, was installed as his successor.
During this 9-year period, curfews were implemented as a safety measure. Majority of radio and television networks were suspended. Journalists who were accused of speaking against the government were taken as political prisoners, some of them to be physically abused and tortured by the authorities.
Others have stated that the implementation of Martial Law was taken advantage by the Marcos regime. Billion pesos worth of property and ill-gotten wealth was said to be acquired by Marcos' consort,First LadyImelda Marcos. This alleged money laundering issue was brought back recently, particularly in thePiliPinas Debates 2016 for the recently heldPhilippine Presidential Elections on May 9, 2016. Ferdinand "Bongbong" Marcos Jr., Marcos' son, ran for the vice presidency and lost.
There were rumours that PresidentGloria Macapagal Arroyo was planning to impose martial law to end militarycoup d'etat plots, general civilian dissatisfaction, and criticism of her legitimacy arising from the dubious results of the2004 presidential elections. Instead, aState of National Emergency was imposed in 2006 from 24 February to 3 March, in order to quash a coup attempt and quell protesters.
On 4 December 2009, President Arroyo officially placed theProvince ofMaguindanao under a state of martial law through Proclamation № 1959.[45] As with the last imposition, the declaration suspended thewrit of habeas corpus in the province.[46] The announcement came days after hundreds of government troops were sent to the province to raid the armories of the powerful Ampatuan clan. The Ampatuans were implicated in themassacre of 58 persons, including women from the rivalMangudadatu clan, human rights lawyers, and 31 media workers. Cited as one of the bloodiest incidents ofpolitical violence in Philippine history, the massacre was condemned worldwide as the worst loss of life of media professionals in one day.[45]
PolishZOMO squads withpolice batons preparing to violently disperse protesters duringmartial law in Poland, 1981–1983. Thesarcastic caption reads "outstretched hands of understanding" or "outstretched hands for agreement", with batons ironically symbolizing hands. 91 protesters died at the hands of the ZOMO and theSecret Services (SB)
Martial law was introduced inPolish People's Republic on 13 December 1981, by GeneralWojciech Jaruzelski to prevent theextraparliamentary opposition from gaining popularity and political power in the country. Thousands of people linked to theSolidarity Movement, includingLech Wałęsa, were arbitrarily arrested and detained. Approximately 91 deaths are attributed to the martial law, including 9 miners shot by the police force during the pacification of strikingWujek Coal Mine. Curfews, censorship and food rationing were in place. A nationwide travel ban was imposed. The martial law was eventually lifted on 22 July 1983. Contemporary Polish society is divided in opinion on the necessity of introducing martial law in 1981. It is viewed by some as a lesser evil that was necessary to stop a potentialSoviet military intervention as theWarsaw Pact, which Poland signed in 1955, enabled otherEastern Bloc countries to intervene if they believed that communism was in danger.
On 3 December 2024, presidentYoon Suk Yeol declared a state ofemergency martial law to "safeguard a liberal South Korea from the threats posed by North Korea's communist forces and to eliminate anti-state elements".[53][54] However, on 4 December 2024 at 01:01 AMKST, 190 lawmakers who were present at theNational Assembly voted unanimously to lift martial law.[55][56][57] Martial law was formally lifted by president Yoon around 4:50 a.m.; martial law was in effect for about six hours.[58]
Switzerland
There are no provisions for martial law as such inSwitzerland. Under theArmy Law of 1995,[59] theArmy can be called upon bycantonal (state) authorities for assistance (Assistenzdienst). This regularly happens in the case of natural disasters or special protection requirements (e.g., for theWorld Economic Forum inDavos). This assistance generally requires parliamentary authorization, 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 authorized to use the Army to enforce law and order when the Cantons no longer can or want to do so (Ordnungsdienst). With this came many significant points of reference. This power largely fell into disuse afterWorld War II.[60]
Syria
The martial law regime between the1963 Syrian coup d'état and 2011 is the longest ranging period of active martial law.[disputed –discuss][19] Similar to other countries, martial law in Syria was established as a response to the declaration of a state of emergency.[61] When on 8 March 1963, the Baath Party seized power, the prime minister of Syria, acting as the martial law governor, was granted extraordinary powers through his declaration of a state of emergency.[62] Syrian laws enabled the martial law governor to place many restrictions on freedoms of individuals, such as with respect to "meetings, residence, travel and passage in specific places or at particular times; to preventatively arrest anyone suspected of endangering public security and order; to authorize investigation of persons and places; and to delegate any person to perform any of these tasks."[62][63] However, the state of emergency declaration in Syria remained intact for nearly 50 consecutive years, prompting intervention and commentary from the international community.[62]
International bodies declared such an extended state of emergency as against international law. Specifically, it was held to be in violation of the International Covenant on Civil and Political Rights (hereinafter "ICCPR"), which Syria is a party to.[62] Article 4 of the ICCPR "limits the application of emergency laws to a time of 'public emergency which threatens the life of the nation and the existence of which is officially proclaimed.' It further stipulates that the state parties to the ICCPR may derogate from their obligations under the treaty only 'to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with their other obligations under international law.'"[64]
In 2000, Syria responded to the allegations from the ICCPR, and countered that it was in compliance with the ICCPR in a report to the United Nations Human Rights Committee.[65] Syria justified this ongoing declaration of emergency through their concerns of ongoing threats of war by Israel.[62]
On 28 July 2005, the United Nations responded:
"Noting with concern that the state of emergency declared some forty years ago is still in force and provides for many derogations in law or practice from the rights guaranteed under articles 9 14, 19, and 22, among others, of the Covenant, without any convincing explanation being given as to the relevance of these derogations to the conflict with Israel and as to the necessity of these derogations to meet the exigencies of the situation claimed to have been created by the conflict."[65][64]
In further response, Syria reiterated their position that the ongoing emergency declaration was due to a continued threat of war with Israel.[65][62] Despite ongoing dialogue over a period of years between Syria, the ICCPR, and the United Nations, the declaration remained in effect for the next six years from the 2005 statement made by the United Nations advising of the invalidity of such an extensive state of emergency declaration.[65][64][62]
Ultimately, after 48 years, in April 2011, President Bashar al-Assad ended Syria's state of emergency, thereby signaling the end of the longest martial law ruling in history.[66] This came as a response toprotests demanding freedom from the historically long police rule over Syria.[66]
Martial law was in force in Taiwan from 1949 to 1987, for a total of 38 consecutive years.[67] Martial law in Taiwan refers to the periods in the history of Taiwan after World War II that are under the control by theRepublic of China Armed Forces of the Kuomintang-led Government of the Republic of China regime. This qualified as "the longest imposition of martial law by a regime anywhere in the world" at that time,[68] but has since been surpassed by Brunei and Syria.
Since the foundation of theRepublic of Turkey in 1923, theTurkish Armed Forces conducted threecoups d'état and declared martial law. The first instance was established following the1960 Turkish coup d'état, which toppled down theDemocrat Party government and executed its leaders. The second was established after the1971 Turkish military memorandum for a short period of time to impose reforms to confront escalated domestic violence, which proved unsuccessful. As a result of conflicts betweenfar-left andfar-right groups in Turkey growing, martial law was established for the third time in 1978, followed by the1980 Turkish coup d'état that was kept in place until 1983. The martial law between 1978 and 1983 was replaced by astate of emergency in a limited number of provinces that lasted until November 2002. ThePeace at Home Council's official statement in a broadcast onTRT during the2016 coup attempt included a declaration of martial law.[71]
The restrictions from martial law were defined in a 2015 law "On the Legal Regime of Martial Law". ThePresident decides on the declaration of martial law and thenVerkhovna Rada must approve it.[72][73]
Martial law was first declared in Ukraine in 2018 and as a response to Russian hostilities.[74] On 26 November 2018, lawmakers in the Verkhovna Rada overwhelmingly backed PresidentPetro Poroshenko's imposition of martial law along Ukraine's coastal regions and those bordering theRussian Federation andTransnistria, an unrecognized breakaway state ofMoldova which hasRussian troops stationed in its territory, in response to thefiring upon and seizure of Ukrainian naval ships by Russia near theCrimean Peninsula a day earlier. A total of 276 lawmakers inKyiv backed the measure, which took effect on 28 November 2018 and automatically expired in 30 days.[75]
This period of martial law was both intended to be, and ultimately was, limited in scope.[74] Then-president Poroshenko proposed a 60-day martial law period, but ultimately a 30-day period of martial law was signed into effect.[74] This period of martial law came to an end at its scheduled 30-day mark.[74] This declaration was limited to specific areas of Ukraine, including territories along the Russia-Ukraine border, the Moldova-Ukraine border, the coasts of the Black Sea, the Sea of Azov, and the Azov – Kerch international waters.[74]
On 24 February 2022, PresidentVolodymyr Zelensky declared martial law in response to theRussian invasion of Ukraine.[76] Then, on 15 March, the Parliament of Ukraine adopted the Law of Ukraine "On Organizing Labor Relations under Martial Law" which came into effect on March 24, 2022, and "clarified relevant restrictions of the constitutional right and freedoms and set out special rules applicable to labor relations to replace the 'normal' rules of the Labour Code of Ukraine."[74] Article 4(7) of the Law of Ukraine holds that the "General Staff of the Armed Forces of Ukraine shall direct, coordinate and control the activities of regional military administrations on defense, public safety, and order, and implement measures of martial law. The Cabinet of Ministers of Ukraine shall direct, coordinate and control the regional military administrations regarding other issues."[74]
As of November 2023[update], there have been ten extensions to the Ukrainian declaration of martial law.[77] This has led to the2023 legislative and2024 presidential elections being delayed, due to elections not being allowed to be held in times of martial law.[77]
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 theJapanese attack on Pearl Harbor; New Orleans during theBattle of New Orleans); after a major disaster (Chicago after theGreat Chicago Fire of 1871; San Francisco after theearthquake of 1906); and in response to chaos associated with protests and mob action (San Francisco during the1934 West Coast waterfront strike; Montgomery, Alabama, following the mob actions against theFreedom 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 theIllinois Mormon War andUtah by Governor Brigham Young during theUtah War).[78]
The martial law concept in the United States is closely tied with the right ofhabeas 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 suspendhabeas corpus is related to the imposition of martial law.[79] Article 1, Section 9 of theU.S. Constitution states, "The Privilege of the Writ ofHabeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it." There have been many instances of the use of the military within the borders of the United States, such as during theWhiskey Rebellion and in the South during theCivil Rights Movement, but these acts are not tantamount to a declaration of martial law.
The legality of the implementation of martial law was examined in 1866, in the court caseEx parte Milligan, 71 U.S. 2 (1866).[80] Through this case, the Supreme Court established that trying civilians in military tribunals was unconstitutional unless there were no civilian courts available.[80] Today, the ability to declare martial law over the United States is not explicitly granted in the Constitution.[81] Despite this, martial law has been declared at least 68 times in the United States.[6]
There are two main schools of thought regarding the declaration of martial law. First, some scholars argue that the ability to declare martial law is a constitutional power vested in Congress, and in some cases of emergency, the President.[82] The second school of thought believes that the power to declare martial law in the United States is not expressed in any law, but rather arises as a matter of necessity and in the interests of "national self-preservation."[82] As it stands today, there is no explicit provision in the Constitution granting powers to any specific body of government to declare martial law.
Historically, martial law has been declared in response to national emergencies in the United States. In Hawaii, for example, martial law was instituted following the attack on Pearl Harbor.[83] The Supreme Court evaluated the legality of declaring martial law in Hawaii in the court caseDuncan v. Kahanamoku, 327 U.S. 304 (1946).[84] Here, the Supreme Court held that although Hawaii was not yet a state, the legality of declaring martial law must be analyzed as though Hawaii was one.[84] As a result, the United States determined that the safety of the residents of Hawaii was their responsibility, and martial law was implemented throughout the Hawaiian Islands.[83]
Yugoslavia
During theYugoslav Wars in 1991, a "State of Direct War Threat" was declared. Although forces from the wholeSFRY were included in this conflict, martial law was never announced, but after secession,Croatia andBosnia and Herzegovina declared martial law. On 23 March 1999, a "State of Direct War Threat" was declared inYugoslavia, following the possibility ofNATO air-strikes. The day after strikes began, martial law was declared, which lasted until June 1999, although strikes ended on 10 June, followingKumanovo Treaty.[citation needed]
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^Simon Apiku. Egypt to lift 25-year-old emergency laws.Middle East On-line, 23 March 2006."Middle East Online". Archived fromthe original on 24 August 2006. Retrieved16 April 2006.
^Joelle Bassoul. Egypt renews state of emergency for two years.Middle East On-line, 1 May 2005.[1]Archived 2015-02-18 at theWayback Machine
^"The authorities did not recognise the legality of residence in the country of anyone not registered during the November 1948 census and issued with an identity card or military pass. Anyone who had left the country for any reason before the census, and was not registered and in possession of a card or pass was regarded as an "absentee". If he subsequently infiltrated back into the country (including to his home village), he was regarded "as illegal" and could be summarily deported. The IDF repeatedly raided villages, sorted out legal from illegal residents and, usually, expelled the "returnees.""Morris, Benny (1987)The birth of the Palestinian refugee problem, 1947–1949. Cambridge University Press.ISBN0-521-33028-9. p. 240
^May, The Triumph of Democracy. Ed. Shin Bok-jin, Hwang Chong-gun, Kim Jun-tae, Na Kyung-taek, Kim Nyung-man, Ko Myung-jin. Gwangju: May 18 Memorial Foundation, 2004.
The Concise Oxford Dictionary of Politics. Edited by Iain McLean and Alistair McMillan, Oxford University Press, 2004.[ISBN missing]
Black's Law Dictionary: Definitions of the Terms and Phrases of American and English Jurisprudence, Ancient and Modern. Henry Campbell Black. St. Paul: West Pub. Co., 1979.[ISBN missing]
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