Martial law

related topics
{law, state, case}
{war, force, army}
{government, party, election}
{country, population, people}
{service, military, aircraft}
{island, water, area}
{@card@, make, design}
{city, population, household}
{town, population, incorporate}

Martial law is the imposition of military rule by military authorities over designated regions on an emergency basis—usually only temporary—when the civilian government or civilian authorities fail to function effectively (e.g., maintain order and security, and provide essential services), when there are extensive riots and protests, or when the disobedience of the law becomes widespread. In most cases, military forces are deployed to quiet the crowds, to secure government buildings and key or sensitive locations, and to maintain order.[1] Generally, military personnel replace civil authorities and perform some or all of their functions. The constitution could be suspended, and in full-scale martial law, the highest ranking military General would take over, or be installed, as the military governor or as head of the government, thus removing all power from the executive, legislative, and judicial branches of the federal government.[1]

Martial law can be used by governments to enforce their rule over the public. Such incidents may occur after a coup d'état (Thailand 2006); when threatened by popular protest (China, Tiananmen Square protests of 1989); to suppress political opposition (Poland in 1983); to stabilize insurrections or perceived insurrections (Canada, The October Crisis of 1970). 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 as well as the southern reconstruction following the U.S. Civil War.

Typically, the imposition of martial law accompanies curfews, the suspension of civil law, civil rights, 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).

Contents

Full article ▸

related documents
Mutiny
Right of self-defense
Maurice Papon
Laws of war
European Court of Justice
Government of California
United States Marshals Service
Advocate
Expert witness
State supreme court
Vexatious litigation
Tenth Amendment to the United States Constitution
Punitive damages
Statute of frauds
Res ipsa loquitur
Civil procedure
Indemnity
Citation signal
Leonard Peltier
Mens rea
Deposition (law)
Romer v. Evans
International Covenant on Civil and Political Rights
Mumia Abu-Jamal
Scientology and the legal system
Tom Denning, Baron Denning
Posse Comitatus Act
United Nations Security Council Resolution 242
Taft–Hartley Act
Volkert van der Graaf