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Encyclopedia > Military justice

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'├ętat. 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. The only atomic weapons ever used in war - the atomic bombing of Nagasaki, Japan by the United States on August 9, 1945, effectively ending World War II. The bombs over Hiroshima (August 6) and Nagasaki immediately killed over 120,000 people. ... A natural disaster is the consequence or effect of a hazardous event, occurring when human activities and a natural phenomenon (a physical event, such as a volcanic eruption, earthquake, landslide etc. ... Civil disorder is a broad term that is typically used by law enforcement to describe one or more forms of disturbance caused by a group of people. ... An occupied territory is a region that has been taken over by a sovereign power after a military intervention, see belligerent occupation. ... A coup détat, or simply a coup, is the sudden overthrow of a government, usually done by a small group that just replaces the top power figures. ... Augusto Pinochet (sitting) was an army general who led a military coup in Chile in 1973. ...


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. Capital punishment, also referred to as the death penalty, is the judicially ordered execution of a prisoner as a punishment for a serious crime, often called a capital offense or a capital crime. ...


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. A curfew can be one of the following: An order by the government for certain persons to return home before a certain time. ... Lady Justice - allegory of Justice as woman with sword and with book - statue at court building. ... A tribunal commonly refers to a judicial proceeding with two or more persons who act as judges. ... A court-martial (plural courts-martial) is a military court that determines punishments for members of the military subject to military law. ... For alternative meanings of habeas corpus, see habeas corpus (disambiguation). ...

Contents


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. The War Measures Act (enacted in August 1914) was a Canadian statute that allowed the government to assume sweeping emergency powers. ... The Conscription Crisis of 1917 was a political and military crisis in Canada during World War I. // Background At the outbreak of war in 1914, over 30,000 volunteers joined the army, far more than expected. ... The Conscription Crisis of 1944 was a political and military crisis in Canada during World War II. It was similar to the Conscription Crisis of 1917, but was not as politically damaging. ... Military cordon in support of police taking surrender of terrorist Liberation cell, December 3, 1970 The October Crisis was a series of dramatic events triggered by two terrorist kidnappings in the province of Quebec, Canada, in October 1970, which ultimately resulted in a brief invocation of the War Measures Act...


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. The 2006 Canadian federal election (more formally, the 39th General Election) was held on January 23, 2006, to elect members of the Canadian House of Commons. ... The Conservative Party of Canada (French: Parti conservateur du Canada), colloquially known as the Tories, is a right-of-centre political party in Canada, formed by the merger of the Canadian Alliance and the Progressive Conservative Party of Canada in December 2003. ...


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 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. The highlighted area in the map is what is commonly known as mainland China. Mainland China (Simplified Chinese: 中国大陆; Traditional Chinese: 中國大陸; Hanyu Pinyin: , lit. ... The Great Hall of the People, where the NPC convenes The National Peoples Congress (全国人民代表大会 in Pinyin: Quánguó Rénmín Dàibiǎo Dàhuì, literally Pan-Nation Congress of the Peoples Representatives), abbreviated PNCOTPR, is the highest legislative body in the Peoples Republic of China. ... 1989 (MCMLXXXIX) was a common year starting on Sunday of the Gregorian calendar. ... LÄ­ Péng (Simplified Chinese: 李鹏, Traditional Chinese: 李鵬, Wade-Giles: Li Peng) (b. ... The Unknown Rebel - This famous photo, taken by Associated Press photographer Jeff Widener, depicts a lone protester whose actions halted the progress of a column of advancing tanks for over half an hour. ... It has been designated the: International Year of Rice (by the United Nations) International Year to Commemorate the Struggle against Slavery and its Abolition (by UNESCO) 2004 World Health Day topic was Road Safety (by World Health Organization) Year of the Monkey (by the Chinese calendar) See the world in... A state of emergency is a governmental declaration that may suspend certain normal functions of government, may work to alert citizens to alter their normal behaviors, or may order government agencies to implement emergency preparedness plans. ...


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. National motto: None Official language Mandarin Chinese Capital and largest city Taipei President Chen Shui-bian Vice President Annette Lu Premier Su Tseng-chang Area  - Total  - % water Ranked 138th 35,980 km² 2. ... The Chinese Nationalist Party (Traditional Chinese: 中國國民黨; Simplified Chinese: 中国国民党; Hanyu Pinyin: ; Wade-Giles: Chung1-kuo2 Kuo2-min2-tang3; Tongyong Pinyin: Jhōngguó GuómíndÇŽng), commonly known as the Kuomintang (KMT), is a conservative political party currently active in the Republic of China (ROC) on Taiwan. ... This is a list of islands under the Republic of China administration (all claimed by the Peoples Republic of China). ... During the 228 Incident, a crowd of angry people gathered in downtown Taipei. ... 1947 (MCMXLVII) was a common year starting on Wednesday (the link is to a full 1947 calendar). ... 1948 (MCMXLVIII) was a leap year starting on Thursday (the link is to a full 1948 calendar). ... 1987 (MCMLXXXVII) was a common year starting on Thursday of the Gregorian calendar. ...


Egypt

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, and when a period of martial law ends, it is renewed. However, President Hosni Mubarak has promised to put an end to the martial law and replace it with anti-terrorism laws. This article or section does not cite its references or sources. ... 1981 (MCMLXXXI) was a common year starting on Thursday of the Gregorian calendar. ... To meet Wikipedias quality standards, this article or section may require cleanup. ...


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. 1972 (MCMLXXII) was a leap year starting on Saturday (the link is to a full 1972 calendar). ... 1981 (MCMLXXXI) was a common year starting on Thursday of the Gregorian calendar. ... Ferdinand Edralín Marcos (September 11, 1917 – September 28, 1989) was the tenth president of the Philippines, serving from 1965 to 1986. ... Manila (Tagalog: Maynila) is the capital of the Philippines. ...


Poland

Main article: 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. Broadcast of Wojciech Jaruzelski declaring martial law (December 13, 1981) The period of martial law in Poland refers to the time from December 13, 1981 to July 22, 1983 when the government of the Peoples Republic of Poland drastically restricted normal life. ...


Switzerland

There are no provisions for martial law as such in Switzerland. Under the Army Law of 1995 [1], 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 [2]. 1995 (MCMXCV) was a common year starting on Sunday of the Gregorian calendar. ... Military of Switzerland On May 18, 2003, Swiss voters approved the military reform project Army XXI that will drastically reduce the size of the Swiss Army. ... The twenty-six cantons of Switzerland are the states of the federal state of Switzerland. ... The World Economic Forum (WEF) is a Geneva-based foundation whose annual meeting of top business leaders, national political leaders (presidents, prime ministers and others), and selected intellectuals and journalists is usually held in Davos, Switzerland. ... Davos viewed from air Davos is a town in eastern Switzerland, in the canton of Graubünden, on the Landwasser River. ... Combatants Allies: Poland, British Commonwealth, France/Free France, Soviet Union, United States, China, and others Axis Powers: Germany, Italy, Japan, and others Casualties Military dead:17 million Civilian dead:33 million Total dead:50 million Military dead:8 million Civilian dead:4 million Total dead:12 million World War II...


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." For alternative meanings of habeas corpus, see habeas corpus (disambiguation). ... Page I of the Constitution of the United States of America Page II of the United States Constitution Page III of the United States Constitution Page IV of the United States Constitution The Syng inkstand, with which the Constitution was signed The Constitution of the United States is the supreme...


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 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. [3] The law of the United States is derived from the common law of England, which was in force at the time of the Revolutionary War. ... Combatants United States of America Confederate States of America Commanders Abraham Lincoln† Ulysses S. Grant Jefferson Davis Robert E. Lee Strength 2,213,363 1,064,200 Casualties KIA: 110,100 Total dead: 359,500 Wounded: 275,200 KIA: 94,000 Total dead: 258,000 Wounded: 137,000+  The American... Combatants Allies: Poland, British Commonwealth, France/Free France, Soviet Union, United States, China, and others Axis Powers: Germany, Italy, Japan, and others Casualties Military dead:17 million Civilian dead:33 million Total dead:50 million Military dead:8 million Civilian dead:4 million Total dead:12 million World War II... Holding Suspension of habeas corpus is unconstitutional when civilian courts are still operating; the Constitution only provided for suspension of habeas corpus if civilian courts are actually forced closed. ... 1866 (MDCCCLXVI) is a common year starting on Monday of the Gregorian calendar or a common year starting on Wednesday of the 12-day-slower Julian calendar. ... The Supreme Court of the United States is the highest judicial body in the U.S. and leads the judicial branch of the U.S. federal government. ... 1878 (MDCCCLXXVIII) was a common year starting on Tuesday (see link for calendar). ... Congress in Joint Session. ... The Posse Comitatus Act is a United States federal law () passed in 1878 after the end of Reconstruction. ... Seal of the National Guard Bureau Seal of the Army National Guard Seal of the Air National Guard // Background The United States National Guard is a significant component of the United States armed forces military reserve. ...


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. A state of the United States (U.S. state) is any one of the fifty states, four of which officially favor the term commonwealth which, along with the District of Columbia, form the United States of America. ... Official language(s) English Capital Nashville Largest city Memphis Area  - Total  - Width  - Length  - % water  - Latitude  - Longitude Ranked 36th 109,247 km² 195 km 710 km 2. ... The Tennessee State Constitution is the basic document of governance for the U.S. state of Tennessee. ... Combatants United States of America Confederate States of America Commanders Abraham Lincoln† Ulysses S. Grant Jefferson Davis Robert E. Lee Strength 2,213,363 1,064,200 Casualties KIA: 110,100 Total dead: 359,500 Wounded: 275,200 KIA: 94,000 Total dead: 258,000 Wounded: 137,000+  The American...


The Territory of Hawaii

During World War II (1941 to 1944) what is now the State of Hawaii was held under martial law. On August 12, 1898, the flag of the Kingdom of Hawai‘i over ‘Iolani Palace was lowered to raise the United States flag to signify annexation. ... Combatants Allies: Poland, British Commonwealth, France/Free France, Soviet Union, United States, China, and others Axis Powers: Germany, Italy, Japan, and others Casualties Military dead:17 million Civilian dead:33 million Total dead:50 million Military dead:8 million Civilian dead:4 million Total dead:12 million World War II... For the movie, see 1941 (film) 1941 (MCMXLI) was a common year starting on Wednesday (the link is to a full 1941 calendar). ... 1944 (MCMXLIV) was a leap year starting on Saturday (the link is to a full 1944 calendar). ... For the 1959 novel and 1966 movie, see Hawaii (novel). ...


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 in the Battle of New Orleans. The War of 1812 was fought between the United States and British Empire from 1812 to 1815, on land in North America and at sea around the world. ... Andrew Jackson (March 15, 1767 – June 8, 1845), was the first governor of Florida (1821), seventh President of the United States (1829-1837), hero of the Battle of New Orleans (1815), a founder of the Democratic Party, and the eponym of the era of Jacksonian democracy. ... New Orleans is the largest city in the state of Louisiana, United States of America. ... Official language(s) English and French Capital Baton Rouge Largest city New Orleans at last census; probably Baton Rouge since Hurricane Katrina Area  - Total  - Width  - Length  - % water  - Latitude  - Longitude Ranked 31st 134,382 km² 210 km 610 km 16 29°N to 33°N 89°W to 94°W Population... Combatants United Kingdom United States Commanders Edward Pakenham † John Lambert Andrew Jackson Strength 11,000–14,500 4,000–6,000 Casualties 2,700 71 {{{notes}}} The Battle of New Orleans, also known as the Battle of Chalmette Plantation, took place on January 8, 1815, during the War of 1812...


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." Hurricane Katrina was the costliest and one of the deadliest hurricanes in American history. ... A state of emergency is a governmental declaration that may suspend certain normal functions of government, may work to alert citizens to alter their normal behaviors, or may order government agencies to implement emergency preparedness plans. ... August 31 is the 243rd day of the year in the Gregorian calendar (244th in leap years), with 122 days remaining. ... 2005 (MMV) was a common year starting on Saturday of the Gregorian calendar. ... Ray Nagin Clarence Ray Nagin Jr. ... Civil rights or positive rights are those legal rights retained by citizens and protected by the government. ... The Miranda warning is a police warning that must be given to criminal suspects in police custody in the United States before they can be asked questions relating to the commission of crimes. ...


See also "What Is Martial Law? And is New Orleans under it?" by the Slate Explainer. Slate. ...


Thailand

In January of 2004, the current 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. Prime Minister Thaksin Shinawatra Thaksin Shinawatra (Thai: ทักษิณ ชินวัตร, IPA: [ (help· info); born July 26, 1949), Thai politician, is the current prime minister of Thailand and the leader of the populist Thai Rak Thai party. ... Pattani (Thai ปัตตานี) is one of the southern provinces (changwat) of Thailand. ... Yala (Thai ยะลา) is the southernmost province (changwat) of Thailand. ... Narathiwat (Thai นราธิวาส) is one of the southern provinces (changwat) of Thailand. ... Flag of Pattani Raya, a symbol of Pattani separatism The South Thailand insurgency is a separatist campaign centered in the Pattani region, three southern provinces of Thailand, with violence increasingly spilling over into neighbouring provinces and threatening to extend up to the national capital in Bangkok. ...


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. Mirza may refer to: a genus of giant mouse lemur species a title used by Mongols a title (last name) used by people of India a popular male name used widely in Bosnia & Herzegovina an Arabic name which means prince in Persian an Islamic family name. ...


See also

Military law is a distinct legal system to which members of armed forces are subject. ... US General Douglas MacArthur (left), military ruler of Japan 1945-1952, next to Japans defeated Emperor, Hirohito Military rule may mean: Militarism as an ideology of government Military occupation (or Belligerent occupation), when a country or area is conquered after invasion List of military occupations Martial law, where military... A state of emergency is a governmental declaration that may suspend certain normal functions of government, may work to alert citizens to alter their normal behaviors, or may order government agencies to implement emergency preparedness plans. ... Broadcast of Wojciech Jaruzelski declaring martial law (December 13, 1981) The period of martial law in Poland refers to the time from December 13, 1981 to July 22, 1983 when the government of the Peoples Republic of Poland drastically restricted normal life. ...

External links


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