Martial law

:For other uses, see {{PAGENAME}} (disambiguation).

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 and in the October Crisis, although the October 1970 incident was not to be considered martial law as military only assisted police and guarded government officials and buildings.

Related Topics:
War Measures Act - October Crisis

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People's Republic of China (mainland China)

The Chinese constitution 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 protestors. 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.

Related Topics:
National People's Congress - 1989 - Li Peng - Tiananmen Square protest - 2004 - State of emergency

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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 outlying 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.

Related Topics:
Kuomintang - Taiwan - 228 Incident - 1947 - 1948 - 1987

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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.

Related Topics:
1972 - 1981 - Ferdinand Marcos - Manila

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Switzerland

There are no provisions for martial law as such in Switzerland. Under the Army Law of 1995 http://www.admin.ch/ch/d/sr/c510_10.html, 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 http://www.admin.ch/cp/d/1997Jan29.105055.7098@idz.bfi.admin.ch.html.

Related Topics:
Switzerland - 1995 - Army - Cantonal - World Economic Forum - Davos - World War II

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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."

Related Topics:
Habeas corpus - U.S. Constitution

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In United States law, martial law is limited by several court decisions 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. http://www.usconstitution.net/consttop_mlaw.html

Related Topics:
United States law - American Civil War - World War II - Ex Parte Milligan - 1866 - Supreme Court of the United States - 1878 - Congress - Posse Comitatus Act - National Guard

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The U.S. State of Tennessee

The Tennessee Constitution outlaws martial law within its jurisdiction.

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The Territory of Hawaii

During World War II (1941 to 1944) what is now the State of Hawaii was held under martial law.

Related Topics:
World War II - 1941 - 1944 - State of Hawaii

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The U.S. State of Louisiana

During War of 1812 , General Andrew Jackson imposed martial law after liberating the encampment of New Orleans.

Related Topics:
War of 1812 - Andrew Jackson - New Orleans

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Hurricane Katrina

Contrary to many media reports, martial law has not been declared in New Orleans in the aftermath of Hurricane Katrina, because no such term exists in Louisiana state lawhttp://www.nola.com/newslogs/breakingtp/index.ssf?/mtlogs/nola_Times-Picayune/archives/2005_08.html#075262. Rather, a state of emergency has been declared, which does give some powers similar to that of martial law. On the evening of August 31, New Orleans Mayor Ray Nagin did declare "martial law" (in name at least) in the city and said that "officers don't have to worry about civil rights and Miranda rights in stopping the looters." http://www.wwltv.com/local/stories/WWL083105lawless.1242410b.html

Related Topics:
New Orleans - Louisiana - State of emergency - Ray Nagin - Miranda rights

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

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