Martial law

Martial law is the replacement of civilian government by military rule and the suspension of civilian legal processes for military powers. 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. Most often, martial law is declared in times of war or emergencies such as civil unrest and natural disasters. Alternatively, martial law may be declared in instances of military coups d'état.

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. Across history, the phrase "martial law" has been used to refer to a "wide variety of actions, practices, or roles for the military", and thus lacked (and currently lacks) a concrete definition. References to martial law date back to 1628 England, when Sir Matthew Hale described martial law as, "no Law, but something indulged rather than allowed as a Law." Countries such as Pakistan have implemented this rationale as well.

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 the 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. The British Empire commonly used martial law when insurgencies occurred in its colonies, such as the Arab Revolt in Palestine.

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

Armenia

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

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. 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. , martial law has never been declared since federation in 1901.

Azerbaijan

During the 2020 Nagorno-Karabakh war, Azerbaijani president Ilham Aliyev declared martial law.

Bahrain

In March 2011, King Hamad bin Isa Al Khalifa declared martial law during an anti-government uprising, granting authority to the police and military to crack down on protesters. It was lifted on 1 June amid a continuing crackdown on the uprising.

Bangladesh

Bangladesh has been under martial law several times. In the late 1970s after Mujib was assassinated, martial law was declared temporarily under Chief Martial Law administrators including Ziaur Rahman and Hussain Muhammad Ershad declared martial law in the early 1980s.

Canada

The War Measures Act was a Parliament of Canada statute 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: 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, which saw its first invocation in February 2022 amidst the Freedom Convoy protests.

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 1837–1838 insurrections. On 5 December, following the events of November 1837, martial law was proclaimed in the district of Montreal by Governor Gosford, without the support of the Legislative Assembly of Lower Canada. It was imposed until 27 April 1838. Martial law was proclaimed a second time on 4 November 1838, this time by acting Governor John Colborne, and was applied in the district of Montreal until 24 August 1839.

China

In China, martial law in the Beiyang government could be dated back to the final year of the Qing dynasty. The outline of a 1908 draft constitution—modeled on Japan's Meiji Constitution—included provisions for martial law. The Provisional Government of the Republic of China promulgated the Provisional Constitution in March 1911, which authorized the President to declare martial law in times of emergency. The Martial Law Declaration Act were issued by the Nationalist Government later in 1920s and amended in 1940s.

Martial law was declared in 1947 in Taiwan Province after the February 28 incident.

During the Chinese civil war, the Nationalist-led central government of China declared martial law in most provinces on 10 Dec 1948. Martial law was declared again in Taiwan Province on 19 May 1949, effective the following day. At the end of 1949, the Nationalist government lost most territories to the communists and retreated to Taiwan. They used the perceived need to suppress Communist activities in Taiwan was utilised as a rationale for not lifting martial law, until thirty-eight years later, on 15 July 1987, martial law in Taiwan was lifted. Taiwan's period of martial law was "the longest imposition of martial law by a regime anywhere in the world" at that time, In May 2008 there was a further extension to June 2010. 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 the uprising 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 the Supreme 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 the de facto only constitution and legal framework for the Egyptian territory. It meant that all affairs of the state were bound by the Geneva Conventions.

Under the current president Abdel Fattah el-Sisi, a series of constitutional amendments passed in 2019 granted the military the 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".

Finland

The Preparedness Act (SDK 1552/2011, ) 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.

India

The sole mention of Martial Law in the Indian 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. The Supreme Court of India in Puttaswamy v. Union of India declared that certain rights of life and liberty are natural rights, which cannot be curbed by the state, but also upheld the inherent right of issuing writs by courts. As the power of martial law is given through an Enabling Act of the Parliament, it is inherently subject to the above decision.

During the British Raj, martial law was effectively declared in the Defense of India Act, 1915 and the Defense of India Act, 1939. It was also declared in most of the Punjab during 1919 as a response to tensions caused by the Amritsar Massacre. These tensions were caused due to the controversial Rowlatt Act.

Indonesia

On 18 May 2003, during a military activity in Aceh, under the order of the president, Indonesian Army Chief imposed martial law for a period of six months to eliminate Acehnese 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, Shah Mohammad Reza Pahlavi appointed Chief of Army Staff General Gholam Ali Oveisi as the military governor of the capital city of Tehran. 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 activist Emadeddin Baghi, the number of people killed was 88 of which 64 were gunned down in Jaleh Square. The day is often referred to as Black Friday. Unable to control the unrest, the Shah dissolved the civil government headed by Prime Minister Jafar Sharif-Emami on 6 November and appointed General Gholam 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 appointed Shapour 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.

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. This was later extended both in duration and geographical reach to the whole of the country with the consent of the United Kingdom of Great Britain and Ireland government. Much of Ireland was declared under martial law by the British authorities during the Irish War of Independence. A large portion of Ireland was also under de facto martial law during the Irish Civil War.

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...". The Court of Chancery (Ireland) also ruled that the Restoration 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.

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 government was in effect from 1949 to 1966 over some geographical areas of Israel having large Arab populations, primarily the Negev, Galilee, and the Triangle. The 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 from the military governor had to be procured to travel more than a given distance from a person's registered place of residence, and curfew, administrative detentions, and expulsions were common.

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 of the Palestinian 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 Arab citizens if they did not vote in elections for the candidates favored by the authorities. Perhaps the most commemorated incidence of military brutality in this time period was the Kafr Qasim massacre in 1956, in which the Israel 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 the Green Line be placed under curfew. However, this order came into effect before the residents of these localities, including residents of Kafr Qasim, were notified.

Following the 1967 war, in which the Israeli army occupied the West Bank, Gaza Strip, the Golan Heights in Syria, and the Sinai Peninsula in Egypt, martial law over the Palestinian population as well as the Jordanian, Syrian, and Egyptian populations in these areas was put in place. In 1993, the Oslo I agreements facilitated limited self-rule for 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, martial law was declared by Defense Minister Amir Peretz over the north of the country. The Israel 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.

Instructions of the Home Front Command are obligatory under martial law, rather than merely recommended.

Myanmar

On 1 February 2021, democratically elected members of Myanmar, known as the National League for Democracy, were overthrown by Myanmar's military, called the Tatmadaw. This military placed their power in a military junta. Five days following the coup, factory workers around Yangon (a region in Myanmar) held protests against the coup regime. As with the last imposition, the declaration suspended the writ of habeas corpus in the province. 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 the massacre of 58 persons, 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 worldwide as the worst loss of life of media professionals in one day. and was in effect until December 2019.

Poland

thumb|right|230px|Polish [[ZOMO squads with police batons preparing to violently disperse protesters during martial law in Poland, 1981–1983. The sarcastic 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 the Secret Services (SB).]]

Martial law was introduced in Polish People's Republic on 13 December 1981, by General Wojciech Jaruzelski to prevent the extraparliamentary 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 the martial law, including 9 miners shot by the police force during the pacification of striking Wujek 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 potential Soviet military intervention as the Warsaw Pact, which Poland signed in 1955, enabled other Eastern Bloc countries to intervene if they believed that communism was in danger.

Russian Federation

In the Russian Federation recourse to martial law is governed by a document passed 30 January 2002 as No. 1-FKZ (1-ФКЗ).

South Korea

In October 1946, United States Army Military Government in Korea declared martial law as a result of the Daegu Riot. On 17 November 1948, President Syngman Rhee's regime proclaimed martial law in order to quell the Jeju uprising. On 19 April 1960, the Rhee government proclaimed martial law again in order to suppress the April Revolution.

Following the 12·12 Military Insurrection of 12 December 1979, General Chun Doo-hwan launched the Coup d'état of May Seventeenth in 1980 and forced the Cabinet to extend martial law nationwide, which set off the Gwangju Uprising of 18 May 1980.

On 3 December 2024, president Yoon Suk Yeol declared a state of emergency martial law to "safeguard a liberal South Korea from the threats posed by North Korea's communist forces and to eliminate anti-state elements". However, on 4 December 2024 at 01:01 AM KST, 190 lawmakers who were present at the National Assembly voted unanimously to lift martial law. Martial law was formally lifted by president Yoon around 4:50 a.m.; martial law was in effect for about six hours. This crisis ultimately led to Yoon's impeachment and removal from office the following year.

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 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 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 after World War II.

Syria

The martial law regime between the 1963 Syrian coup d'état and 2011 is the longest ranging period of active martial law. Similar to other countries, martial law in Syria was established as a response to the declaration of a state of emergency. 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. 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". However, the state of emergency declaration in Syria remained intact for nearly 50 consecutive years, prompting intervention and commentary from the international community.

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. Syria justified this ongoing declaration of emergency through their concerns of ongoing threats of war by Israel. This came as a response to protests demanding freedom from the historically long police rule over Syria.

Thailand

Martial law in Thailand derives statutory authority from the Act promulgated by King Vajiravudh following the abortive Palace Revolt of 1912, entitled "Martial Law, B.E. 2457 (1914)". Many coups have been attempted or succeeded since then, but the Act governing martial law, amended in 1942, 1944, 1959 and 1972, has remained essentially the same. On 19 September 2006, the Royal Thai Armed Forces declared martial law following a bloodless military coup in the Thai capital of Bangkok, declared while Prime Minister Shinawatra was in New York City 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. At 3 am, on 20 May 2014, following seven months of civil and political unrest, Army Commander-in-Chief Gen. Prayut Chan-ocha, declared martial law nationwide.

The nationwide martial law, which was imposed just prior to a coup staged by the army, was lifted on 1 April 2015, through an approval by King Bhumibol Adulyadej. However, it was replaced by a new security order; and the military retained sweeping powers.

In the country's Muslim-dominated south, martial law has been enforced amid ongoing conflict involving Islamic separatists. On 5 January 2004, the national government declared such in the provinces of Pattani, Yala, and Narathiwat; and on 3 November 2005, the same was imposed in two districts of Songkhla. Since 2025, there are plans to lift it in four districts of the first three border provinces; but these have been postponed due to increasing violent attacks.

Amid worsening disputes with neighboring Cambodia, on 25 July 2025, a day after the fighting began near the border, the country's Border Defence Command declared martial law in the districts bordering Cambodia—seven in Chanthaburi and one in Trat.

Turkey

Since the foundation of the Republic of Turkey in 1923, the Turkish Armed Forces conducted three coups d'état and declared martial law. The first instance was established following the 1960 Turkish coup d'état, which toppled down the Democrat Party government and executed its leaders. The second was established after the 1971 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 between far-left and far-right groups in Turkey growing, martial law was established for the third time in 1978, followed by the 1980 Turkish coup d'état that was kept in place until 1983. The martial law between 1978 and 1983 was replaced by a state of emergency in a limited number of provinces that lasted until November 2002. The Peace at Home Council's official statement in a broadcast on TRT during the 2016 coup attempt included a declaration of martial law.

Ukraine

thumb|right|2018 martial law in parts of Ukraine

The restrictions from martial law were defined in a 2015 law "On the Legal Regime of Martial Law". The President decides on the declaration of martial law and then Verkhovna Rada must approve it.

Martial law was first declared in Ukraine in 2018 and as a response to Russian hostilities. On 26 November 2018, lawmakers in the Verkhovna Rada overwhelmingly backed President Petro Poroshenko's imposition of martial law along Ukraine's coastal regions and those bordering the Russian Federation and Transnistria, an unrecognized breakaway state of Moldova which has Russian troops stationed in its territory, in response to the firing upon and seizure of Ukrainian naval ships by Russia near the Crimean Peninsula a day earlier. A total of 276 lawmakers in Kyiv backed the measure, which took effect on 28 November 2018 and automatically expired in 30 days.

This period of martial law was both intended to be, and ultimately was, limited in scope. 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 24 March 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." This has led to the 2023 legislative and 2024 presidential elections being delayed, due to elections not being allowed to be held in times of martial law.

The martial law concept in the United States is closely tied with the right 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 related to the imposition of 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." 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 are not tantamount to a declaration of martial law.

In United States law, martial law is limited by several 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, can forbid U.S. military involvement in domestic law enforcement without congressional approval.(, original at )

The legality of the implementation of martial law was examined in 1866, in the court case Ex parte Milligan, 71 U.S. 2 (1866). Through this case, the Supreme Court established that trying civilians in military tribunals was unconstitutional unless there were no civilian courts available. Despite this, martial law has been declared at least 68 times in the United States. 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". The Supreme Court evaluated the legality of declaring martial law in Hawaii in the court case Duncan v. Kahanamoku, 327 U.S. 304 (1946). 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. In response, Governor Ronald Reagan deployed the national guard in Isla Vista and effected a 6am to 6pm curfew. This set of events was one of the rare instances of full-scale martial law being effected in the United States outside of wartime.

Yugoslavia

During the Yugoslav Wars in 1991, a "State of Direct War Threat" was declared. Although forces from the whole SFRY were included in this conflict, martial law was never announced, but after secession, Croatia and Bosnia and Herzegovina declared martial law. On 23 March 1999, a "State of Direct War Threat" was declared in Yugoslavia, following the possibility of NATO air-strikes. The day after strikes began, martial law was declared, which lasted until June 1999, although strikes ended on 10 June, following Kumanovo Treaty.

References

External links

'Martial law' in the Encyclopædia Britannica
Martial law in Thailand in 2005
Full text of the 1972 Martial Law in the Philippines
NSPD-51
Emergency Rule of 3 November 2007 Pakistan