Part of a series on
War Outline
History Prehistoric Ancient Post-classical castles Early modern pike and shot napoleonic Late modern industrial fourth-gen
Military Organization Command and control Defense ministry Army Navy Air force Marines Coast guard Space force Reserves Regular / Irregular Ranks Specialties: Staff Engineers Intelligence Reconnaissance Medical Military police Land units: Infantry Armor Cavalry Artillery Special forces Signal corps Naval units: Warships Submarines Aircraft carriers Landing craft Auxiliary ships Air units: Fighters Bombers Command Close air support Electronic-warfare Reconnaissance Combat systems: Fire-control system Fire-control radar Director (military) Combat information center Sonar Radar Historical: Ship gun fire-control Gun data computer Torpedo data computer Development: Basic training Military manoeuvrers Combat training
Battlespace Aerospace Air Airborne Space Land Cold-region Desert Jungle Mountain Urban Subterranean Tunnel Sea Amphibious Blue Brown Green Surface Underwater Cyber Information
Weapons Air defence Armor Artillery Barrage Biological Camouflage Cavalry Horses Air cavalry Chemical Combined arms Conventional Cyber Denial Disinformation Drone / Robot Electromagnetic Infantry Loitering Missile Music Nuclear Psychological Radiological Unconventional
Tactics List of military tactics Aerial Airlift Air assault Airbridge Airdrop Battle Cavalry Charge Counterattack Counterinsurgency Defeat in detail Foxhole Drone Envelopment Formation Guerrilla Morale Naval Rapid dominance Siege Swarm Screen Tactical objective Target saturation Trench Withdrawal
Operational Military operation Operations research Blitzkrieg Expeditionary Deep operation Maneuver Operational manoeuvre group Raid
Strategy List of military strategies and concepts Military campaign Attrition Commerce raiding Counter-offensive Culminating Defence in depth Fabian Empty fort Mosaic Deception Defensive Depth Goal Nuclear Naval Offensive Scorched earth
Grand strategy Asymmetric Blockade Broken-backed Class Cold war Colonial Conquest Containment Divide and conquer Economic Endemic Fleet in being Irregular Liberation Limited Network-centric New generation Perpetual Political Princely Proxy Religious Resource Strategic Succession Technology Theater Total war World war
Administrative Branch Policy Staff Training Service Sociology
Organization Area of responsibility Chain of command Command and control Doctrine Principles of war Economy of force Medicine Engineers Intelligence Ranks Technology and equipment
Personnel Recruitment counter Conscription Training Specialism Women Children Transgender harassment Conscientious objector Volunteer foreign Mercenary
Logistics History Military–industrial complex Arms industry Materiel Supply-chain management Base MOB FOB Outpost
Science Power projection Loss-of-strength gradient Lanchester's laws Force multiplication
Law Court-martial Geneva Conventions Geneva Protocol Islamic rules Justice Perfidy Jewish laws on war Right of conquest Rules of engagement Martial law War crime
Theory Air supremacy Appeasement Command of the sea Deterrence theory Full-spectrum dominance Overmatch Unrestricted Warfare Just war theory Principles of war Philosophy of war Security dilemma Tripwire force War games
Non-warfare Arms control Counter-insurgency deterrence Disaster response Grey-zone Gunboat diplomacy Humanitarian aid Law enforcement Low-intensity conflict Military engineering Multilateralism Peacekeeping Peacebuilding Peace through strength Show of force
Culture Awards and decorations Warrior caste War film Military science fiction War novel Anti-war movement Foot drill War song Uniform Wargame
Related Women in war War resister War studies Horses in warfare Wartime sexual violence Fifth column
Lists Battles Military occupations Military terms Operations Sieges War crimes Wars Weapons Writers
v t e

Martial law is the replacement of civilian government by military rule and the suspension of civilian legal processes for military powers.^[1] Martial law can continue for a specified amount of time, or indefinitely, and standard civil liberties may be suspended for as long as martial law continues.^[2][1] Most often, martial law is declared in times of war and/or emergencies such as civil unrest and natural disasters.^[3] Alternatively, martial law may be declared in instances of military coup d'états.^[4]

Despite the fact that it has been declared frequently throughout history, martial law is still often described as largely elusive as a legal entity.^[5] References to martial law date back to 1628 England, when Sir Matthew Hale described martial law as, "no Law, but something indulged rather than allowed as a Law."^[5] Despite being centuries old, this quote remains true in many countries around the world today. Most often, the implementation of martial law arises from necessity rather than legal right, and while some countries have provisions explicitly permitting the use of martial law, many do not.^[5] For countries that do not explicitly permit the declaration of martial law, but where martial law has been declared, the legal justification for it is often the common law doctrine of necessity, or some variation of it.

One legal theory most frequently associated with martial law is the common law doctrine of necessity.^[5] While many countries, the United States for example, do not have the explicit constitutional right to declare martial law, scholars often interpret the law of the United States to allow for the implementation of martial law in times of necessity.^[6] Countries such as Pakistan have famously implemented this rationale as well.^[7]

Martial law can be used by governments to enforce their rule over the public, as seen in multiple countries listed below. Such incidents may occur after a coup d'état (Thailand in 2006 and 2014, and Egypt in 2013); when threatened by popular protest (China, Tiananmen Square protests of 1989); to suppress political opposition (martial law in Poland in 1981); or to stabilize insurrections or perceived insurrections. 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, the recovery and reconstruction of the former Confederate States of America during Reconstruction Era in the United States of America following the American Civil War, and German occupation of northern France between 1871 and 1873 after the Treaty of Frankfurt ended the Franco-Prussian War.

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

During the 2020 Nagorno-Karabakh war, Armenian prime minister Nikol Pashinyan declared martial law.^[8]

The Black War was a period of violent conflict between British colonists and Aboriginal Australians 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—effectively providing legal immunity for killing Aboriginal people.^[9] 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. As of 2023^[update], martial law has never been declared since federation in 1901.

During the 2020 Nagorno-Karabakh war, Azerbaijani president Ilham Aliyev declared martial law.^[10]

In 2011, King Hamad bin Isa Al Khalifa declared martial law during an anti-government uprising, granting authority to the police and military to crack down on protesters.^[11] It was lifted on 1 June amid a continuing crackdown on the uprising.^[12]

Brunei has been under martial law since a rebellion occurred on 8 December 1962 and was put down by British troops from Singapore. The Sultan of Brunei, Sultan Haji Hassanal Bolkiah Mu'izzaddin Waddaulah, is presently the head of state and also the Minister of Defense and Commander in Chief of Royal Brunei Armed Forces.

Zdroj:https://en.wikipedia.org?pojem=Martial_Law
Text je dostupný za podmienok Creative Commons Attribution/Share-Alike License 3.0 Unported; prípadne za ďalších podmienok. Podrobnejšie informácie nájdete na stránke Podmienky použitia.

---