What Is Martial Law And How Does It Work?

Martial Law (source)

On July 15, 2016, a faction of the Turkish military tried, and failed, to overthrow the country’s government. Turkey erupted in chaos, and thousands of citizens spilled into the streets. During the attempted coup, the military took over the state-run TV channel, announcing that they would impose a curfew and place the nation under martial law. Had the coup been successful, it would have been the fourth time Turkey had been placed under such conditions.

So what exactly is martial law? Well, in the simplest terms, martial law means that the military has replaced the standing government. As such, the highest ranking military official becomes the head of state and the country’s constitution, along with individual rights and freedoms, are suspended. Martial law is usually a response to a malicious, corrupt or inefficient government, and is imposed after a coup d’etat or political uprising. But in rarer instances, it can occur during a conflict or after a natural disaster, when the state is particularly vulnerable.

In the United States, martial law is directly linked to the writ of habeas corpus, which, broadly speaking, gives the judiciary the power to oversee law enforcement. When habeas corpus is suspended, the country is arguably in a state of martial law. This has only happened on a federal level once: when President Lincoln suspended habeas corpus during the Civil War. However, it has happened on a state or local level a number of times. For example, what is now the state of Hawaii was placed under martial law following the Pearl Harbor Attack in World War Two. The city of San Francisco has dealt with the martial law twice - once after the 1906 earthquake, and again in 1934, when the California governor responded to the dock workers’ strike by placing just the docks under martial law.

But in certain countries, particularly in Southeast Asia, martial law is not nearly as rare. The Philippines, for instance, has instituted martial law five times, one of which lasted nearly a decade. In Thailand, the military has seized power a whopping 12 times in the last century. The most recent instance was in 2014 when the military junta ousted the democratically elected government amid months of violent protests. Martial law was lifted the following year, only to be replaced with a law that grants the military junta sweeping powers in the name of maintaining “peace and stability”. Military officials can seize assets, censor the media and detain or arrest anyone suspected of crimes against Thailand’s royal family.

In most countries, martial law is a last resort, and, as a result, is extremely rare. The military tends to seize power during a time of political or social unrest. However, they often have the opposite effect - that is, creating a violent police state. So, it’s understandable that citizens of countries that have been placed under martial law several times would be weary of such conditions. For instance, during the attempted coup in Turkey, many citizens came out in support of their controversial president and ruling party. For those familiar with the martial law, a corrupt or otherwise unjust government is frequently better than the alternative.

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