During the Nagorno-Karabakh clashes in September 2020, Armenian Prime Minister Nikol Pashinyan declared martial law. [3] There were rumors that President Gloria Macapagal Arroyo planned to impose martial law in order to end the plans for the military coup, the general discontent of the civilian population, and criticism of their legitimacy due to the dubious results of the 2004 presidential election. Instead, a national emergency was declared in 2006 from February 24 to March 3 to suppress an attempted coup and crack down on protesters. In its explicit terms, Article 253 provides for a situation in which civilian authorities do not need the assistance of the military to enforce the laws, but simply do not enforce them. Accordingly, the President may send troops to suppress any insurrection or other violence that results in the deprivation of a part of the population of that State of a constitutional right. So if Section 253 troops are deployed, they will assume the role of civilian government, at least to some extent. However, the genesis of Article 253 shows that it is preferable to understand it as allowing the army to replace only the local police, in the service of laws duly promulgated by the civilian authorities. footnote9_tr09oyk 9 What is now 10 U.S.C. § 253 appeared to be section 3 of the Ku Klux Klan Act of 1871. Civil Rights (Ku Klux Klan) Act of 1871, chap. 22, 17 Stat. 13.
The legislative history of the bill shows that Congress intended Section 3 to authorize the military to assume the role of local police, but no more. Cong. Globe, 42d Cong., 1st Sess. at 567–68 (1871) (Statement by Senator Edmunds). In addition, the House version of section 4 of the bill explicitly authorized the president to declare martial law, but this language was removed before the bill was sent to the Senate. See Cong. Globe, 42d Cong., 1st Sess. at 317 (1871) (Statement by Mr.
Shellabarger); and Cong. Globe, 42d Cong., 1st Sess. at 478 (1871) (Statement by M. Shellabarger). The fact that Congress reviewed and removed the language of martial law shows that it was aware of martial law and chose not to approve of it or found that it did not have the authority to do so. It`s so narrow that it would probably be an exaggeration to call it even a “limited form” of martial law. In fact, the Department of Defense`s own regulations underscore the importance of maintaining the “primacy of civilian authority” when deploying troops to support law enforcement. footnote10_9ko8sh9 10 U.S. Department of Defense, Defense Support of Civilian Law Enforcement Agencies, Order No. 3025.21, last updated February 8, 2019, www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/302521p.pdf; and Ryan Goodman and Steve Vladeck, “The Untold Power of Bill Barr to Direction US Military Forces in Case of `Civil Unrest`,” Just Security, June 9, 2020, www.justsecurity.org/70672/the-untold-power-of-bill-barr-to-direct-us-military-forces-in-case-of-civil-unrest/.
In any event, even if the exception set out in Milligan on necessity were to be regarded as authoritative, it would be extremely narrow. This would allow the military to replace civilian courts only during a real war, on the “stage of active military operations,” where chaos and fighting are so severe that ordinary courts have been forced to close and are unable to work. footnote28_feuold6 28 Milligan, 71 U.S. to 127. Civilians may be arrested for curfew violations or for offences that are not considered serious enough in normal times to warrant incarceration. Habeas corpus laws aimed at preventing unlawful detentions can also be suspended, allowing the military to detain people indefinitely without recourse. The exact scope and limits of martial law will therefore remain dangerously unclear until Congress and state legislatures pass new laws that better define them. The law allows military personnel to assist civilian police only in enforcing existing laws, while giving the federal government the power to ensure that federal rights are unilaterally granted and enforced nationally.
In 1849, the U.S. Supreme Court upheld the legality of the declaration of Rhode Island martial law in Luther v. Borden. footnote15_wthm102 15 Luther, 48 U.S. to 47. After the nationalist-led Chinese central government lost control of the mainland to the Chinese Communist Party and withdrew to Taiwan in 1949, the perceived need to suppress communist activities in Taiwan was used as a justification for not enforcing martial law until thirty-eight years later, in 1987, shortly before the death of then-President Chiang Ching-kuo. ==References==The period of martial law in Taiwan was one of the longest in modern history, after that of Syria (1967–2011). [6] Jackson argued that his actions were justified because the New Orleans government had ceased to function as a result of the impending British attack, so the army was the only body capable of protecting the city. In this situation, he said, the military has the power to do whatever is “necessary” to preserve New Orleans. footnote7_xgdc20d 7 Dennison, “Martial Law,” 61–62; and Vladeck, “Field Theory,” page 422 It was a new argument, and he did not explain why he had kept the city under martial law for so long.
Federal forces assisting in civilian law enforcement must remain under military command and federal control at all times. Moreover, calling in the military to replace the police can produce disastrous results, even with the best of intentions. Soldiers are trained to fight and destroy an enemy that usually has no constitutional rights. As such, they are ill-suited to perform police tasks. Forcing them to play this role can increase the risk of violence. footnote17_in3wfl1 17 For example, just look at the Kent State massacre in 1970 or the incidents during the military operation in Los Angeles during the 1992 riots. Howard Means, 67 Shots: Kent State and the End of American Innocence (Boston: Da Capo Press, 2016); and Jim Newton, “Did Bill Barr learn the wrong lesson from L.A.? Riots? Politico, June 9, 2020, www.politico.com/news/magazine/2020/06/09/william-barr-los-angeles-riots-307446. In the words of a member of the Minnesota National Guard who will be deployed in response to the protests that followed the murder of George Floyd, “We are a combat unit that is not trained to combat unrest or deal safely with civilians in this context. Soldiers from top to bottom of the ranks are afraid of hurting someone. footnote18_x3nf76y 18 Ken Klippenstein, “Exclusive: Army Monitors Protests in 7 States,” Nation, 30.
May 2020, www.thenation.com/article/society/national-guard-defense-department-protests/. The Black War was a period of violent conflict between British settlers and Australian aborigines 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 and effectively granted legal immunity for the murder of Aboriginal people. [4] 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. In 2022 [Update], martial law has never been declared since the continent became a nation. Egypt has been in a state of emergency almost continuously since 1967. After the assassination of President Anwar Sadat in 1981, a state of emergency was declared. Egypt has since been in a state of emergency, with a few brief exceptions. Parliament has renewed emergency laws every three years since they were imposed.
The Act was extended in 2003 and was due to expire at the end of May 2006; It was planned to replace it with new anti-terrorism laws. But after the Dahab attacks in April of the same year, the state of emergency was extended by two years. [7] [8] In May 2008, a further extension was made until June 2010. [9] In May 2010, the state of emergency was extended, but with the government`s promise to apply only to terrorism and drug suspects. There are no provisions for martial law as such in Switzerland. According to the Army Act of 1995[28], cantonal (state) authorities may request assistance (assistance service) from the army. This happens regularly in the event of a natural disaster or special protection requirements (e.g. for the World Economic Forum in Davos).
However, this assistance usually requires the approval of Parliament and is part of the usual legal framework and under the civil direction of the cantonal authorities. On the other hand, the federal authorities are allowed to use the army to enforce public order if the cantons can no longer or no longer want to do so (security service). This was accompanied by many important clues. This power was largely forgotten after the Second World War. [29] The Attorney General`s interpretation is suspicious for a number of reasons, but even if correct, it would not authorize martial law. footnote14_4gymrtb 14 Vladeck, “Why were the Out-of-State National Guard units in Washington, D.C.”; As with the Insurrection Act, there is no clear statement in Title 32 suggesting that Congress intended to overthrow the usual constitutional order in which the military remains subordinate to civilian authority. According to the Supreme Court`s reasoning in Duncan, the language cited by Barr could at most be interpreted as authorizing the use of the military in support of civil law enforcement. footnote15_2db0j46 15 Duncan, 327 U.S. at 319-24.
The martial law regime between the Syrian coup of 1963 and 2011 is the longest period of active martial law. [controversial – discuss] [6] War Articles: Crimes of the Second World War. In fact, in the case of General Yamashita, 244, who was brought before the cessation of hostilities for alleged “war crimes”, the court completely abandoned its restrictive conception.
