![]() The use of martial law in the wake of natural disasters is less common. International laws may also limit the scope and duration of martial law if a country has signed onto a multilateral treaty. For example, a president may be authorized to declare martial law during a time of violent civil unrest, but only for 60 days. The circumstances in which it may be declared and other limiting factors, such as the amount of time it may be left in effect, are enshrined in legislation or a country’s constitution. Typically, the power to declare martial law rests with the president. The National Guard is sent to Coeur d’Alene to restore the peace, which resulted in over 600 people being arrested and two dozen tried in civil court. For example, in 1892, the governor of Idaho instituted martial law after a group of rebellious mine workers blew up a mill which leveled a four-story building and killed one person. It may also be declared when a country’s military occupies foreign territory, such as at the end of a war. It may be declared at home to reign in protests, civil unrest, coup d’états or insurrections. Laws relating to habeas corpus, designed to prevent unlawful detention, may also be suspended, allowing the military to keep individuals detained indefinitely without the possibility of recourse.Ĭonsidering the negative ramifications, martial law can have on a country and its citizens, declaring martial law is reserved for situations in which law and order is rapidly deteriorating. Civilians may be arrested for violating curfews or for offenses that, in normal times, would not be considered serious enough to warrant detention. The justice system that typically handles issues of criminal and civil law may be replaced with a military justice system, such as a military tribunal. When martial law is declared, civil liberties, such as the right to free movement, to free speech or protection from unreasonable searches, can be suspended. Civilians have thus ceded control of the country in exchange for the potential restoration of order, with the possibility that control may not be given back in the future. This means that, in the case of elected governments, the representatives chosen by the voting population are no longer in power. When martial law is declared, civilian control of some or all aspects of government operations is ceded to the military. The declaration of martial law is a rare and momentous decision for a civilian government to make and for a good reason. Martial law may be declared in an emergency or response to a crisis, or to control occupied territory. Martial law is a law administered by the military rather than a civilian government.
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