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Martial law

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 and/or emergencies such as civil unrest and natural disasters.[3] Alternatively, martial law may be declared in instances of military coup d'états.[4]

Not to be confused with Marital law.

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 a coup d'état (Thailand in 2006 and 2014, and Egypt 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 a state 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 post World War II reconstruction in Germany and Japan, the recovery and reconstruction of the former Confederate States of America during Reconstruction Era in the United States of America following the American Civil War, and 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 civilians. Civilians defying martial law may be subjected to military tribunal (court-martial).

By country/region

Armenia

During the 2020 Nagorno-Karabakh war, Armenian prime minister Nikol Pashinyan declared martial law.[8]

Australia

The Black War was a period of violent conflict between British colonists and Aboriginal Australians in Tasmania from the mid-1820s to 1832. With an escalation of violence in the late 1820s, Lieutenant-Governor George 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, martial law has never been declared since the continent became a nation.

Brunei

Brunei has been under a martial law since a rebellion occurred on 8 December 1962 known as the Brunei Revolt and was put down by British troops from Singapore. The Sultan of Brunei, Sultan Haji Hassanal Bolkiah Mu'izzaddin Waddaulah, is presently the head of state and also the Minister of Defense and Commander in Chief of Royal Brunei Armed Forces.

DEFCON

Gendarmerie

Military rule (disambiguation)

a form of government headed by military generals.

Stratocracy

state governed through the power of the police force.

Police state

a government led by a committee of military leaders.

Military junta

a form of autocratic rule led by the military.

Military dictatorship

a form of government with strong central power and limited freedoms.

Authoritarianism

Macomb, Alexander, Major General of the United States Army, , (New York: Harper & Brothers, 1841) 154 pages.

The Practice of Courts Martial

Major General of the United States Army, A Treatise on Martial Law, and Courts-Martial as Practiced in the United States. (Charleston: J. Hoff, 1809), republished (New York: Lawbook Exchange, 2007). ISBN 978-1-58477-709-0.

Macomb, Alexander

(1998). All the Laws but One: Civil Liberties in Wartime. New York: William Morrow & Co. ISBN 0-688-05142-1.

Rehnquist, William H.

The Concise Oxford Dictionary of Politics. Edited by Iain McLean and Alistair McMillan, Oxford University Press, 2004.

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.

'Martial law' in the Encyclopædia Britannica

Martial law in Thailand in 2005

Full text of the 1972 Martial Law in the Philippines

NSPD-51

Archived 16 September 2019 at the Wayback Machine

Emergency Rule of 3 November 2007 Pakistan