A regime not established by law is devoid of the attribute to dispense law. The people have realized that Martial Law is not law. We(Pakistan) will eat grass, even go hungry, but we will get one of our own (Atom bomb). Holding a witness to alleged military crimes incommunicado for six days is a profoundly disturbing abuse of authority that has become commonplace under martial law. Martial law affects chiefly the police and collection of public revenue and taxes, whether imposed by the expelled government or by the invader, and refers mainly to the support and efficiency of the army, its safety, and the safety of its operations.
As martial law is executed by military force, it is incumbent upon those who administer it to be strictly guided by the principles of justice, honor, and humanity,-virtues adorning a soldier even more than other men, for the very reason that he possesses the power or his arms against the unarmed. Military oppression is not martial law, it is the abuse of the power which that law confers. In a hostile country it consists in the suspension, by the occupying military authority, of the civil and criminal law, and of the domestic administration and government in the occupied place or territory, and in the substitution of military rule and force for the same, as well as in the dictation of general laws, as far as military necessity requires this suspension, substitution, or dictation, and is simply military authority exercised in accordance with the laws and usages of war.
Martial law may, in fact, be termed a subjection to the Articles of War. It is so far distinct from military law, which affects only the troops and forces. It is founded on paramount necessity, extends to matters of civil as well as of criminal jurisdiction, and is proclaimed only in times of war, insurrection, rebellion, or other great emergency. When it is imposed upon any specified district, all the inhabitants, and all their actions, are brought within its dominion. Military Dictionary and Gazetteer (0.00 / 0 votes) Rate this definition:Īn arbitrary law, proceeding directly from the military power, and having no immediate constitutional or legislative sanction. 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. Such incidents may occur after a coup d'état when threatened by popular protest to suppress political opposition or to stabilize insurrections or perceived insurrections. Martial law can be used by governments to enforce their rule over the public. In full-scale martial law, the highest-ranking military officer would take over, or be installed, as the military governor or as head of the government, thus removing all power from the previous executive, legislative, and judicial branches of government.
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Generally, military personnel replace civil authorities and perform some or all of their functions. In most of the cases, military forces are deployed to subdue the crowds, to secure government buildings and key or sensitive locations, and to maintain order. Fundamentally it is a requirement put on civilian government when they fail to function correctly. Martial law is usually imposed on a temporary basis when the civilian government or civilian authorities fail to function effectively, when there are extensive riots and protests, or when the disobedience of the law becomes widespread. Martial law is the imposition of military rule by military authorities over designated regions on an emergency basis. Freebase (2.00 / 2 votes) Rate this definition:
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