Martial law is the system of rules that takes effect when the military takes control of the normal administration of justice.

Martial law is sometimes imposed during wars A civil war is a dispute between parties within the same nation. War is not considered to be the same as occupation, murder, or genocide because of the reciprocal nature of the violent struggle, and the organized nature of the units involved or occupations Occupied territory is territory under military occupation. Occupation is a term of art in international law; in accordance with Article 42 of the Laws and Customs of War on Land ; October 18, 1907, territory is considered occupied when it is actually placed under the authority of the hostile army. The occupation extends only to the territory where in the absence of any other civil government. Examples of this form of military rule include Germany and Japan after World War II or the American South during the early stages of Reconstruction "Reconstruction" is a term that refers to the policies implemented between 1863 and 1877 when the nation was focused on winning the Civil War, abolishing slavery, defeating the Confederacy, reconstructing the nation and amending the US Constitution. Reconstruction policies were debated in the North as soon as the war began, and commenced. In addition, it is used by governments to enforce their rule; for example, after a coup d'état (Thailand 2006), when threatened by popular protests (Tiananmen Square protests of 1989 The Tiananmen Square protests of 1989 culminating in the Tiananmen Square massacre were a series of demonstrations in and near Tiananmen Square in Beijing in the People's Republic of China (PRC) beginning on 14 April. Led mainly by students and intellectuals, the protests occurred in a year that saw the collapse of a number of communist), or to crack down on the opposition (Poland 1981). Another example would be The October Crisis The October Crisis was a series of events triggered by two kidnappings of government officials by members of the Front de libération du Québec during October 1970 in the province of Quebec. These circumstances ultimately culminated in the only peacetime usage of the War Measures Act in Canada's history, done on the advice of the prime minister, which took place in Canada in October of 1970 (See October Crisis The October Crisis was a series of events triggered by two kidnappings of government officials by members of the Front de libération du Québec during October 1970 in the province of Quebec. These circumstances ultimately culminated in the only peacetime usage of the War Measures Act in Canada's history, done on the advice of the prime minister, for more information). Martial law can also be declared in cases of major natural disasters A natural disaster is the effect of a natural hazard that affects the environment, and leads to financial, environmental and/or human losses. The resulting loss depends on the capacity of the population to support or resist the disaster, and their resilience. This understanding is concentrated in the formulation: "disasters occur when hazards; however most countries use a different legal construct, such as a "state of emergency A state of emergency is a governmental declaration that may suspend certain normal functions of government, alert citizens to alter their normal behaviors, or order government agencies to implement emergency preparedness plans. It can also be used as a rationale for suspending civil liberties. Such declarations usually come during a time of".

In many countries martial law imposes particular rules, one of which is curfew The word "curfew" comes from the French phrase "couvre feu" which means "cover the fire". It was used to describe the time of blowing out all lamps and candles. It was later adopted by the Medieval English language as "curfeu", which later became the modern "curfew". Often, under this system, the administration of justice Justice concerns the proper ordering of things and persons within a society. As a concept it has been subject to philosophical, legal, and theological reflection and debate throughout history. A number of important questions surrounding justice have been fiercely debated over the course of western history: What is justice? What does it demand of is left to a military tribunal Tribunal in the general sense is any person or institution with the authority to judge, adjudicate on, or determine claims or disputes - whether or not it is called a tribunal in its title. For example, an advocate appearing before a Court on which a single Judge was sitting could describe that judge as 'their tribunal'. Many governmental bodies, called a court-martial A court-martial is a military court. These military courts can determine punishments for members of the military subject to military law who are found guilty or may dismiss the charges based on the evidence and the case presented. Most militaries maintain a court-martial system to try cases in which a breakdown of military discipline may have. The suspension of the writ of habeas corpus Habeas corpus (Latin: You (shall) have the body) is a legal action, or writ, through which a person can seek relief from the unlawful detention of him or herself, or of another person. It protects the individual from harming him or herself, or from being harmed by the judicial system. Of English origin, the writ of habeas corpus has historically is likely to occur.

Martial law across the world

Canada

Since 1867 (the year of the Canadian confederation Canadian Confederation was the process by which the federal Dominion of Canada was formed beginning July 1, 1867 from the provinces, colonies and territories of British North America), martial law has never been declared in Canada. However the War Measures Act The War Measures Act (enacted in August 1914, replaced first by the Public Order Bill , then by the Emergencies Act in 1988) was a Canadian statute that allowed the government to assume sweeping emergency powers. The definition of the War Measures act is: An act to confer extraordinary powers upon the Governor in Council in the event of "war,, enacted in 1914, grants the Governor in Council sweeping emergency powers, stopping short of martial law in that the military does not administer justice, which remains in the hands of the courts. The Act has been invoked three times: During World War I World War I , also known as the First World War, the Great War, and the War to End All Wars, was a global military conflict that embroiled most of the world's great powers, assembled in two opposing alliances: the Entente and the Central Powers. Over 70 million military personnel were mobilized in one of the largest wars in history. The main, World War II World War II, or the Second World War , was a global military conflict which involved a majority of the world's nations, including all of the great powers, organized into two opposing military alliances: the Allies and the Axis. The war involved the mobilization of over 100 million military personnel, making it the most widespread war in history, and the October Crisis of 1970. In 1988, the War Measures Act was replaced by the Emergencies Act.

Prior to 1867, martial law was proclaimed and applied on the territory of the Province of Quebec during the invasion of Canada The Invasion of Canada in 1775 was the first major military initiative by the newly-formed Continental Army during the American Revolutionary War. The objective of the campaign was to gain military control of the British Province of Quebec, and convince the French-speaking Canadiens to join the revolution on the side of the Thirteen Colonies. One by the army of the American Continental Congress The Continental Congress was a convention of delegates from the Thirteen Colonies that became the governing body of the United States during the American Revolution. The Congress met from 1774 to 1789 in three incarnations in 1775-1776. It is also applied twice on the territory of Lower Canada The Province of Lower Canada was a British colony on the lower Saint Lawrence River and the shores of the Gulf of Saint Lawrence (1791–1841). It covered the southern portion of the modern-day Province of Quebec, Canada, and the Labrador region of the modern-day Province of Newfoundland and Labrador during the 1837-1838 insurrections The Lower Canada Rebellion is the name given to the armed conflict between the rebels of Lower Canada and the British colonial power of that province. Together with the simultaneous Upper Canada Rebellion in the neighbouring colony of Upper Canada (now Ontario), it formed the Rebellions of 1837.

On December 5, following the events of November 1837, martial law is proclaimed in the district of Montreal by Governor Gosford Archibald Acheson, 2nd Earl of Gosford GCB , styled The Honourable from 1790 to 1806 and then Lord Acheson to 1807, was a British politician who served as Lieutenant-Governor of Lower Canada and Governor General of British North America in the 19th century, without the support of the Legislative Assembly in the Parliament of Lower Canada. It is imposed until April 27, 1838.

It is proclaimed a second time on November 4, 1838, this time by acting Governor John Colborne, and this applied in the district of Montreal until August 24, 1839. ^[1]

Egypt

In Egypt, a State of Emergency A state of emergency is a governmental declaration that may suspend certain normal functions of government, alert citizens to alter their normal behaviors, or order government agencies to implement emergency preparedness plans. It can also be used as a rationale for suspending civil liberties. Such declarations usually come during a time of has been imposed almost continuously since 1967 CE Due to the assassination of President Anwar el-Sadat Muhammad Anwar Al Sadat, or Anwar El Sadat (25 December 1918 - 6 October 1981), was the third President of Egypt, serving from 15 October 1970 until his assassination on 6 October 1981. He was a senior member of the Free Officers group that overthrew the Muhammad Ali Dynasty in the Egyptian Revolution of 1952, and a close confidant of Gamal Abdel in 1981, martial law was declared. 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. ^[2][3] In May 2008 there was a further extension to June 2010. ^[4]

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.

Ireland

During the Easter Rising The Easter Rising , was an insurrection staged in Ireland during Easter Week, 1916. The Rising was mounted by Irish republicans with the aims of ending British rule in Ireland and establishing an Irish Republic. It was the most significant uprising in Ireland since the rebellion of 1798 in 1916, Lord Wimborne, cousin of Winston Churchill and then Lord Lieutenant of Ireland The Lord Lieutenant of Ireland , also known as the Judiciar in the early mediaeval period and as the Lord Deputy as late as the 17th century, was the King's representative and head of the Irish executive during the Lordship of Ireland (1171–1541), the Kingdom of Ireland (1541–1800) and the United Kingdom of Great Britain and Ireland (1801–192, declared martial law was to enforced on the streets of Dublin Dublin , officially known as Baile Átha Cliath or Áth Cliath (Irish pronunciation: [bˠalʲə aːha klʲiəh] or [bˠɫaː cliə(ɸ)]) is both the largest city and capital of Ireland. It is located near the midpoint of Ireland's east coast, at the mouth of the River Liffey and at the centre of the Dublin Region. Originally founded as a Viking. This was later extended both in duration and geographical reach to the whole of the country with the consent of the British government. Much of Ireland was declared under martial law by the British authorities during the Irish War of Independence The Irish War of Independence was a guerrilla war mounted against the British government in Ireland by the Irish Republican Army (IRA). It began in January 1919, following the Irish Republic's declaration of independence, and ended with a truce in July 1921. The subsequent negotiations led to the Anglo-Irish Treaty, which ended British rule in. Much of Ireland was also under de facto martial law during the Irish Civil War The Irish Civil War was a conflict that accompanied the establishment of the Irish Free State as an entity independent from the United Kingdom within the British Empire

Israel

Military administrative government was in effect from 1949 to 1966 over some geographical areas of Israel Israel officially the State of Israel ( מְדִינַת יִשְׂרָאֵל (help·info), Medinat Yisra'el; Arabic: دَوْلَةُ إِسْرَائِيلَ‎, Dawlat Isrā'īl), is a country in Western Asia located on the eastern shore of the Mediterranean Sea. It borders Lebanon in the north, Syria in the northeast, Jordan in the east, and, which had large Arab An Arab is a person who identifies as such on ethnic, linguistic or cultural grounds. The plural form, Arabs (العرب al-ʿarab), refers to the ethnocultural group at large populations, primarily the Negev The Negev is a desert and semidesert region of southern Israel. The indigenous Bedouin inhabitants of the region refer to the desert as al-Naqab (Arabic: النقب‎). The origin of the word Negev is from the Hebrew root denoting 'dry'. In the Bible the word Negev is also used for the direction 'south', Galilee Galilee , is a large region in northern Israel which overlaps with much of the administrative North District of the country. Traditionally divided into Upper Galilee (Hebrew: גליל עליון‎ Galil Elyon), Lower Galilee (Hebrew: גליל תחתון‎ Galil Takhton), and Western Galilee (Hebrew: גליל מערבי‎ Galil Maaravi),, and the Triangle. The residents of these areas were subject to a number of controlling measures that amounted to martial law.^[5][6] Permits from the military governor had to be procured to travel more than a given distance from their registered place of residence and curfew The word "curfew" comes from the French phrase "couvre feu" which means "cover the fire". It was used to describe the time of blowing out all lamps and candles. It was later adopted by the Medieval English language as "curfeu", which later became the modern "curfew", administrative detentions, and expulsions were common.^[5] Though the military administration was officially for geographical areas, and not people, its restrictions were seldom enforced on the Jewish residents of these areas. In the 1950s, martial law ceased to be in effect for those Arab citizens Arab citizens of Israel is a term that refers to the segment of non-Jewish Israeli citizens of Arab cultural and/or linguistic heritage. As of 2008, Arab citizens of Israel comprise just over 20% of the country's total population. The majority of these identify themselves as Palestinian by nationality and Israeli by citizenship. Many have family living in predominantly-Jewish cities, but remained in place in all Arab localities within Israel until 1966.^[5]

During the 2006 Lebanon war The 2006 Lebanon War, known in Lebanon as the July War and in Israel as the Second Lebanon War (Hebrew: מלחמת לבנון השנייה‎, Milhemet Levanon HaShniya), was a 34-day military conflict in Lebanon and northern Israel. The principal parties were Hezbollah paramilitary forces and the Israeli military. The conflict started on 12 July 2, martial law was declared by Defense Minister Amir Peretz over the North of the country. The Israel Defense Forces The Israel Defense Forces (Hebrew: צְבָא הַהֲגָנָה לְיִשְׂרָאֵל‎, Tzva HaHagana LeYisra'el (help·info), lit. Defense Army for Israel), commonly known in Israel by the Hebrew acronym Tzahal (צה"ל), are Israel's military forces, comprising the ground forces, air force and navy. It is the sole military wing of the were granted the authority to issue instructions to civilians, and 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.^[7] Instructions of the Home Front Command are obligatory under martial law, rather than merely recommendatory.^[7] The order signed by Peretz was in effect for 48 hours.^[7] It was extended by the Cabinet and the Knesset Foreign Affairs and Defense Committee over the war's duration.^{[citation needed]}

Pakistan

Martial law has been declared in Pakistan Pakistan (Urdu: پاکستان Pākistān pronunciation ), officially the Islamic Republic of Pakistan, is a country located in South Asia. It has a 1,046 kilometre (650 mile) coastline along the Arabian Sea and Gulf of Oman in the south, and is bordered by Afghanistan and Iran in the west, the Republic of India in the east and the People's three times. In the first instance President Iskander Mirza Major-General Sahibzada Sayyid Iskander Ali Mirza, CIE, OBE (November 13, 1899 – November 12, 1969) was the last Governor-General of the Dominion of Pakistan (6 October 1955 to 23 March 1956) and the first President of the Islamic Republic of Pakistan (23 March 1956 to 27 October 1958) abrogated the Constitution in 1958 and declared Martial Law over the country. The second instance was when General Yahya Khan Agha Muhammad Yahya Khan, H.Pk, HJ, S.Pk, psc was the President of Pakistan from 1969 to 1971, following the resignation of Ayub Khan. He has one son, Ali Yahya and one daughter, Yasmeen Khan declared martial law in March, 1969 after Mirza's successor, General Ayub Khan Field Marshal Muhammad Ayub Khan , HJ, NPk, (May 14, 1907 – April 19, 1974) was a Field Marshal during the mid-1960s, and the President of Pakistan from 1958 to 1969. He became the Pakistan Army's first native Commander in Chief in 1951, and was the youngest full General and self-appointed Field Marshal in Pakistan's military history. He was handed over power to him. the 3rd by Gen Muhammad Zia-ul-Haq.

After several tumultuous years, which witnessed the secession of East Pakistan East Pakistan was a former province of Pakistan which existed between 1955 and 1971. East Pakistan was created from Bengal Province based on a plebiscite in what was then British India in 1947. Eastern Bengal chose to join the Dominion of Pakistan and became a province of Pakistan by the name East Bengal. East Bengal was renamed East Pakistan in 19, politician Zulfikar Ali Bhutto Zulfikar Ali Bhutto (January 5, 1928–April 4, 1979) was a Pakistani politician who served as the President of Pakistan from 1971 to 1973 and as Prime Minister from 1973 to 1977. He was the founder of the Pakistan Peoples Party (PPP), the largest and most influential political party in Pakistan. His daughter Benazir Bhutto also served twice as 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 Balochistan is the largest province in the country of Pakistan by geographical area, constituting approximately 48% of the total area of Pakistan. According to 2009 estimates, Balochistan has a population of roughly 10 million. Its neighbouring regions are Iran to the west, Afghanistan and the North West Frontier Province to the north, Punjab and. Following widespread civil disorder Civil disorder, also known as civil unrest, 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. Civil disturbance is typically a symptom of, and a form of protest against, major socio-political problems; the severity of the action coincides with public expression of, General Muhammad Zia-ul-Haq General Muhammad Zia-ul-Haq (b. 12 August 1924 –17 August 1988) was the President and military ruler of Pakistan from July 1977 to his death in August 1988. Distinguished by his role in the Black September in Jordan military operation in 1970, he was appointed Chief of Army Staff in 1976. General Zia came to power after he overthrew ruling Prime overthrew Bhutto and imposed martial law in its totality on July 5, 1977 in a bloodless coup d'etat A coup d'état , or coup for short, is the sudden, unconstitutional deposition of a legitimate government, by a small group of the State Establishment — usually the military — to replace the deposed government with another, either civil or military. A coup d’état succeeds when the usurpers establish their legitimacy if the attacked. Unstable areas were brought under control through indirect military action, such as Balochistan under Martial Law Governor, General Rahimuddin Khan General Rahimuddin Khan was the Martial Law Administrator and longest-serving Governor of Balochistan, the largest province of Pakistan, from 1978 to 1984. He was made full General when appointed the fourth Chairman of the Joint Chiefs of Staff Committee in March 1984. His retirement in 1987 was interrupted by a brief reign as Governor of Sindh,. 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 Mian Muhammad Nawaz Sharif, also known as Nawaz Sharif, (born December 25, 1949 in Lahore, Punjab, Pakistan) is a Pakistani politician and businessman. He was twice elected as Prime Minister of Pakistan, serving two non-consecutive terms, the first from November 1, 1990 to July 18, 1993 and the second from February 17, 1997 to October 12, 1999 was dissolved, and the Army took control once more. But no Martial Law was imposed. General Pervez Musharraf took the title of Chief Executive until the President Rafiq Tarar resigned and General Musharraf became President. Elections were held in October 2002 and Mir Zafarullah Khan Jamali became Prime Minister. Jamali premiership was followed by Chaudhry Shujaat Hussain and Shaukat Aziz. While the government was supposed to be run by the elected Prime Minister, there was a common understanding that important decisions were made by the President General Parvez Musharraf.

On November 03, 2007, President General Pervez Musharraf declared the state of emergency in the country which is claimed to be equivalent to the state of Martial Law as the constitution of Pakistan of 1973, was suspended, and the Chief Justices of the Supreme Court were fired.

On November 12, 2007, President General Pervez Musharraf issued some amendments in the Military Act, which gave the Armed forces some additional powers.

Philippines

President Jose P. Laurel of the wartime Second Republic (puppet-government under Japan) placed the Philippines under martial law in 1944 through Proclamation No. 29, dated September 21. Martial law came into effect on September 22, 1944 at 9am. Proclamation No. 30 was issued the next day, declaring the existence of a state of war between the Philippines and the US and Great Britain. This took effect on September 23, 1944 at 10am.

The Philippines was under martial law again from 1972 to 1981 under the authoritarian rule of Ferdinand Marcos. Martial law was declared to suppress 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 people but became unpopular as excesses and human rights abuses by the military emerged. Torture was used in extracting information from their enemies. Proclamation No. 1081 (Proclaiming a State of Martial Law in the Philippines) was signed on September 21, 1972 and came into force on September 22 - interestingly enough exactly 28 years after President Jose P. Laurel's similar proclamations. Because of the many violated rights and abuse of authority of Marcos, the well known event of the "People Power Revolution" took place.The People Power Revolution was a massive protest, people only used rosaries and gave sandwiches, food etc to the soldiers until such time that the soldiers aimed their guns to Marcos and Marcos had to go on exile with his wife.

There were rumours that President Gloria Macapagal-Arroyo was planning to impose martial law to put an end to military coup plotters and general civilian dissatisfaction and criticism of the legitimacy of her presidency due to dubious election results. Instead, however, a "State of National Emergency" was imposed to crush a coup plot and tackle protesters which lasted from February 24, 2006 until March 3 of the same year.

Poland

Martial law was introduced in Communist Poland on December 13, 1981 by Generals Czesław Kiszczak and Wojciech Jaruzelski to prevent democratic opposition from gaining popularity and political power in the country. Thousands of people linked to democratic opposition, including Lech Wałęsa, were arbitrary arrested and detained. About 100 deaths are attributed to the martial law, including 9 miners shot by the police during the pacification of striking Wujek Coal Mine. The martial law was lifted July 22, 1983. Polish society is divided in opinion on the necessity of introduction of the martial law, which is viewed as a lesser evil compared to alleged Soviet military intervention. Generals' legal trials are still in progress after 25 years from the events.

Switzerland

There are no provisions for martial law as such in Switzerland. Under the Army Law of 1995 [6], 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). This power largely fell into disuse after World War II. See [7].

Taiwan

After the Republic of China gained control of Taiwan following World War II, the distinction of having the longest period of martial law in modern history was imposed on Taiwan. In the aftermath of the 2-28 Incident of 1947, martial law was declared in 1948. After the Kuomintang-led Republic of China government lost control of its possessions in mainland Asia to the Communist Party of China and retreated to Taiwan in 1949, the perceived need to suppress Communist activities in Taiwan meant that the martial law was not lifted until 1987.

Thailand

In Thailand many coups have taken place since the 1930s, but many have failed. In January 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.

FR Yugoslavia

During the Yugoslav Wars in 1991, it was declared "State of Direct War Threat". Although forces from whole SFRY were included in this conflict, martial law was never announced, but after secession, Croatia and Bosnia and Herzegovina declared Martial law. In March 23, 1999, "State of Direct War Threat" was declared in Yugoslavia, following possibility of NATO air-strikes. Day after, when strikes had begun, Martial law has been declared, and it had duration until June 15, that year, although strikes ended on June 10, following Kumanovo agreement.

United States of America

The martial law concept in the U.S. 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 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. On October 1, 2002 United States Northern Command was established to provide command and control of Department of Defense homeland defense efforts and to coordinate defense support of civil authorities. ^[8].

Ex parte Milligan

On September 15, 1863, President Lincoln imposed Congressionally-authorized martial law. The authorizing act allowed the President to suspend habeas corpus throughout the entire United States. Lincoln imposed the suspension on "prisoners of war, spies, or aiders and abettors of the enemy," as well as on other classes of people, such as draft dodgers. The President's proclamation was challenged in Ex parte Milligan, 71 US 2 [1866]). The Supreme Court ruled that Lincoln's imposition of martial law (by way of suspension of habeas corpus) was unconstitutional.

The National Guard is an exception, since unless federalized, they are under the control of state governors. ^[9] This was changed briefly: 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 allowed 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." ^[10] The President signed the Defense Authorization Act of 2008 on January 13, 2008. However, Section 1068 in the enacted 2008 defense authorization bill (H.R. 4986: "National Defense Authorization Act for Fiscal Year 2008") repealed this section of PL 109-364. ^[11]

New Orleans, Louisiana in the War of 1812

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.

The American Revolution

As a result of the Boston Tea Party, King George III of Britain, ordered martial law in Boston to keep riots and protest down.

The Territory of Hawaii

During World War II (1939 to 1945) what is now the State of Hawaii was held under martial law from December 7, 1941 to October 24, 1944.

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 didn't have to observe civil rights and Miranda rights in stopping the looters. ^[12] 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. Additionally it has been reported that armed contractors from Blackwater USA assisted in policing the city.^[13]

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

Schenectady, New York

The city of Schenectady, New York is, as of March 24, 2009, considering disbanding its police force and declaring martial law until they can form a new police force. Mayor Brian Stratton is considering this move because the city's police department has been filled with corruption and slammed with allegations about its officers, ranging from drunk driving to battery. The mayor himself does not, however, have the power to declare martial law; this can only be done by Governor David Paterson. "It's a contrived scenario, but it's not beyond the realm of possibilities," the mayor said.^[14]

See also

• Authoritarianism
• Military law (law to which members of the military are subject)
• Military rule
• State of emergency
• Martial law in Poland
• Chief Martial Law Administrator
• DEFCON

Additional reading

• Macomb, Alexander, Major General of the United States Army, The Practice of Courts Martial, (New York: Harper & Brothers, 1841) 154 pages.
• Macomb, Alexander, Major General of the United States Army, A Treatise on Martial Law, and Courts-Martial as Practiced in the United States. (Charleston: J. Hoff, 1809), republished (New York: Lawbook Exchange, June 2007), ISBN 1584777095, ISBN 978-1584777090, 340 pages.^[15]
• Rehnquist, William H. (1998). All the Laws but One: Civil Liberties in Wartime. New York: William Morrow & Co. ISBN 0-688-05142-1.

References

1. ^ Françoise Dubuc. "La Loi martiale telle qu'imposée au Québec en 1837 et en 1838", in Les Patriotes de 1837@1838, May 20, 2000, retrieved May 10, 2009
2. ^ Simon Apiku. Egypt to lift 25-year-old emergency laws. Middle East On-line, 23 March 2006.[1]
3. ^ Joelle Bassoul. Egypt renews state of emergency for two years. Middle East On-line, 1 May 2005. [2]
4. ^ Adam Morrow and Khaled Moussa al-Omrani. EGYPT: Despair Over Two More Years of Martial Law.Inter Press Service News Agency. [3]
5. ^ ^{a b c} Valerie Féron (2001). Palestine(s): Les déchirures. Paris, Editions du Felin. ISBN 2866453913.
6. ^ Bassma Kodmani-Darwish (1997). La Diaspora Palestinienne. ISBN 2130484867.
7. ^ ^{a b c} Yaakov Katz and Amir Mizroch (15 July 2006). "Martial Law Declared in the North". http://www.jpost.com/servlet/Satellite?cid=1150886008109&pagename=JPost%2FJPArticle%2FShowFull.
8. ^ United States Northern Command website [4]
9. ^ Martial Law at US Constitution online. [5]
10. ^ Remarks Of Sen. Patrick Leahy, National Defense Authorization Act For Fiscal Year 2007
11. ^ Defense Authorization Act of 2008
12. ^ Edward, Irwin; AP contributions (2005-08-31). "Nagin declares Martial Law to crack down on looters". WWLTV. http://www.wwltv.com/local/stories/WWL083105lawless.1242410b.html. Retrieved on 2007-05-24.
13. ^ Blackwater: Shadow Army by Jeremy Scahill
14. ^ from Capital News 9
15. ^ Macomb on Martial Law and Courts Martial.

External links

• Martial law in Thailand in 2005
• Full text of the 1972 Martial Law in the Philippines
• NSPD-51

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