Martial law
From Wikipedia, the free encyclopedia
Martial law is the system of rules that takes effect when the military takes control of the normal administration of justice.
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 states martial law prescribes the death penalty for certain crimes, even if ordinary law does not contain that crime or punishment in its system.
Originally martial law was imposed during wars or occupations to let the government control population more effectively in spite of heightened unrest. Nowadays it is most commonly used by authoritarian governments to enforce their rule, for example after coup d'état (Thailand 2006), when threatened by popular protests (PRC 1989), or to crack down on the opposition (Poland 1981). Martial law can also be declared in cases of major natural disasters, however most countries use a different legal construct like "state of emergency".
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.
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[edit] Examples in and of various countries
[edit] Australia
Martial law was first used in Australia from midnight Sunday 4 March, 1804 during the Castle Hill convict rebellion, also known as the second Battle of Vinegar Hill, a reference to the Irish engagement of 1798 in which many of the convicts had previously been involved. The militia were called out under the auspices of posse comitatus to assist in suppressing the rebelling convicts. Martial law was then lifted.
[edit] Canada
Though the Canadian government has never actually instated martial law, it has come close 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. The War Measures Act technically does not invoke martial law, as the military does not take over the administration of justice. A better comparison would be to declaring a State of Emergency. Indeed, the War Measures Act was later replaced by the Emergencies Act in 1988.
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.
Martial law was proclaimed and applied on the territory of the Province of Quebec during the American invasion in 1775-1776, and on the territory of Lower Canada during the insurrections of 1837-1838. On December 5, following the events of November 1837, martial law was proclaimed in the district of Montreal by the Parliament of Lower Canada. It was imposed until April 27, 1838. It was proclaimed a second time on November 4, 1838 and this applied until August 24, 1839. [1]
[edit] 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 invoked the martial law clause to allow the military to stage a crackdown on 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. Martial law was declared in November 2004 to quell ethnic clashes in Langchenggang, Henan province.
[edit] 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 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.
[edit] Egypt
The State of Emergency in Egypt has been imposed almost continuously since 1967. Due to the assassination of President Anwar el-Sadat in 1981, martial law was declared in Egypt. Egypt has been under martial law ever since - the Parliament has renewed the emergency laws every three years since they were imposed. The legislation was last extended in 2003 and was due to expire at the end of May 2006; plans were in place to replace them with new anti-terrorism laws but after the Dahab bombings in April martial law was renewed for another two years. [1] [2]
Martial law allows the government to detain anyone deemed to be threatening state security for renewable 45-day periods without court orders and also give military courts the power to try civilians.
Public demonstrations are banned under the legislation.
[edit] Pakistan
Martial law has been declared in Pakistan twice. In the first instance President Iskander Mirza abrogated the Constitution in 1958 and declared Martial Law over the country. The second instance was when General Yahya Khan declared martial law in March, 1969 after Mirza's successor, General Ayub Khan handed over power to him.
After several tumultuous years, which witnessed the secession of East Pakistan, politician Zulfikar 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 widespread civil disorder, General Muhammad Zia-ul-Haq overthrew Bhutto and imposed martial law in its totality on July 5, 1977 in a bloodless coup d'etat. Unstable areas were brought under control through indirect military action, such as Balochistan under Martial Law Governor, General Rahimuddin Khan. Civilian government resumed in 1988 following General Zia's death in an aircraft crash.
On October 12, 1999, the government of Prime Minister Nawaz Sharif was dissolved, and the Army took control once more. But no Martial Law was imposed. General Pervez Musharraf took the title of Chief Executive untill the President Rafiq Tarar resigned and General Musharraf became President. Free elections were held in October 2002 and Mir Zafarullah Khan Jamali became Prime Minister.
[edit] 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 by some segment of the populace, but became unpopular as excesses and human rights abuses by the military emerged. Torture was used in extracting information to their enemies.
[edit] 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, and to reduce the risk of Soviet intervention.
[edit] Switzerland
There are no provisions for martial law as such in Switzerland. Under the Army Law of 1995 [3], 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 [4].
[edit] Thailand
In Thailand many coups have taken place since the 1930s, but many have failed. In January of 2004, the former 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 South Thailand insurgency. On September 19, 2006, Thailand's Army declared martial law following a bloodless military coup in the Thai capital of Bangkok, declared while The Prime Minister Thaksin Shinawatra was in New York to address the United Nations General Assembly. General Sonthi Boonyaratglin took the control of the Government, and soon after handed the premiership to Ex-Army Chief General Surayud. Sonthi himself is Chief of the Administrative Reform Council.
[edit] 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 1878, Congress passed the Posse Comitatus Act, which forbids military involvement in domestic law enforcement without congressional approval.
The National Guard is an exception, since unless federalized, they are under the control of state governors. [5]. This has now changed. Public Law 109-364, or the "John Warner Defense Authorization Act of 2007" (H.R.5122), was signed by President Bush on October 17, 2006, and allows the President to declare a "public emergency" and station troops anywhere in America and take control of state-based National Guard units without the consent of the governor or local authorities. Title V, Subtitle B, Part II, Section 525(a) of the JWDAA of 2007 reads "The [military] Secretary [of the Army, Navy or Air Force] concerned may order a member of a reserve component under the Secretary's jurisdiction to active duty...The training or duty ordered to be performed...may include...support of operations or missions undertaken by the member's unit at the request of the President or Secretary of Defense." [2]
[edit] New Orleans, Louisiana
During the War of 1812, U.S. General Andrew Jackson imposed martial law in New Orleans, Louisiana after capturing the encampment of New Orleans from the British in the Battle of New Orleans.
[edit] The Territory of Hawaii
During World War II (1939 to 1945) what is now the State of Hawaii was held under martial law from 1941 to 1945 .
[edit] 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 rights in stopping the looters." Federal troops were a common sight in New Orleans after Katrina. At one point, as many as 15,000 federal troops and National Guardsmen patrolled the city to curb its descent into chaos and looting.
See also "What Is Martial Law? And is New Orleans under it?" by the Slate Explainer.
[edit] Controversy
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This section does not cite its references or sources. Please help improve this article by introducing appropriate citations. (help, get involved!) This article has been tagged since February 2007. |
Debate exists in regard to the legality of a Presidential decree of martial law, due to recent pronouncements from the Bush Administration and national security initiatives that were put in place in the Reagan era. When president Ronald Reagan was considering invading Nicaragua, he issued a series of executive orders that provided the Federal Emergency Management Agency with broad powers in the event of a crisis such as violent and widespread internal dissent or national opposition against a U.S. military invasion abroad. To date, these powers have never been used but with the 2003 Invasion of Iraq, 2006 U.S. immigration reform protests and the possibility of avian flu spreading globally, concerns have been raised that these powers could be employed or a de facto drift into their deployment could occur.
In addition, from 1982-84 Colonel Oliver North assisted FEMA in drafting its civil defence preparations. Details of these plans emerged during the 1987 Iran-Contra scandal. They included executive orders providing for suspension of the constitution, the imposition of martial law, internment camps and the turning over of government to the president and FEMA. FEMA, whose main role is disaster response, is now also responsible for handling U.S. domestic unrest. With recent proposals to criminalise illegal and undocumented immigrants, the United States saw itself immersed in a debate at the end of March and beginning of April about these laws and the role of immigration post-September 11.
A Miami Herald article on July 5, 1987, reported that the deputy of former FEMA director Louis O. Giuffrida, John Brinkerhoff, handled the martial law portion of the planning. The plan was said to be similar to one titled "Rex 84", which Mr. Giuffrida had developed earlier to combat a national uprising by black militants. It provided for the detention of at least 21 million African-Americans in assembly centers or relocation camps. Following a request by the Pentagon in January, 2002, that the U.S. military be allowed the option of deploying troops on American streets, the Anser Institute for Homeland Security in February, 2002, published a paper by current-employee Mr. Brinkerhoff that argued the legality of this. He alleged that the Posse Comitatus Act of 1878, which has long been accepted as prohibiting such deployments, had simply been misunderstood and misapplied. The preface to the article also provided the revelation that the national plan he had worked on, under Mr. Giuffrida, was approved by Reagan, and actions were taken to implement it.
The full facts and final contents of Reagan's national plan remain uncertain, in part because President Bush took the unprecedented step of sealing the Reagan presidential papers in November of 2001 via Executive Order 13233. The papers in question, some dealing with Reagan-era officials who now have high posts in the Bush administration, were to have been disclosed under the 1978 Presidential Records Act, which said that the documents could be restricted at the most for 12 years after Reagan left office.
[edit] See also
- Authoritarianism
- Military law (law to which members of the military are subject)
- Military rule
- State of emergency
- Martial law in Poland
- Martial Law in Thailand Currently, Thailand is under Martial Law.
[edit] References
- ^ Françoise Dubuc, La Loi martiale telle qu'imposée au Québec en 1837 et en 1838, in Les Patriotes de 1837@1838, May 20, 2000
- ^ http://leahy.senate.gov/press/200609/092906b.html
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