The first recording of Lilli Marlen, 2, August, 1939, Electro Studio, Berlin.

The words were written in 1915 during World War I by Hans Leip (1893-1983), a school teacher from Hamburg who had been conscripted into the Imperial German Army. Leip reportedly combined the names of his girlfriend and another female friend. The poem was later published as "Das Lied eines jungen Soldaten auf der Wacht" ("The Song of a Young Soldier on Watch") in 1937 now with the two last (of five) verses added. It was set to music by Norbert Schultze in 1938. Tommie Connor later wrote English lyrics.

THE SOLDIERING SONG Video by Demon Hunter

To All Station Commanders:

In order to make the existing state of war and martial law so inconvenient and unprofitable to the people that they will earnestly desire and work for the re-establishment of peace and civil government, and for the purpose of throwing the burden of the war upon the disloyal element, pursuant to provisions of paragraphs 21, 37, 76, and 156, General Orders No. 100, the following expedients may, in the discretion of subdistrict and station commanders, be adopted throughout Batangas and Laguna:

First. Until the re-establishment of civil government and the making of provisions thereby for the repair of roads and performance of other public work, the old Spanish law requiring either fifteen days' free labor or three pesos tax in lieu thereof may be enforced, and road work be begun as soon as it is practicable or safe to do so.

With this purpose in view, lists will be immediately prepared of all the principales, who will have the privilege of either paying three pesos or working; but all other poor people, able-bodied males, will be required to work in turn.

The following order was issued on Christmas Eve:

Batangas, Dec. 24, 1901.

To All Station Commanders:

The purpose of the preceding telegraphic circulars of instruction has been to place the burden of the war on the disloyal, and to so discipline the inhabitants that they will become anxious to aid and assist the government in putting an end to the insurrection and in securing the re-establishment of civil government. Their provisions are based upon the assumption that, with very few exceptions, practically the entire population has been hostile to us at heart. In order to combat such a population, it is necessary to make the state of war as insupportable as possible; and there is no more efficacious way of accomplishing this than by keeping the minds of the people in such a state of anxiety and apprehension that living under such conditions will soon become unbearable.

Little should be said. The less said the better. The making of threats which cannot be carried out should especially be carefully guarded against. Let acts, not words, convey intentions. The more an officer does and the less he says about what he is going to do, the more apprehensive and anxious will become those who are guilty and who wait for what is next to happen. When it becomes necessary to give warning or public instructions, do it dispassionately, and not in a threatening way.

Though it is intended and desired that the policy to be enforced shall be as rigid and relentless as it possibly can be until the people have come to their senses and completely turned against the insurgents, the brigade commander relies upon the sense of duty of every officer and non-commissioned officer and the personal pride and gentility of every enlisted man to effectually preclude looting and other abuses committed for personal advantage. He feels certain that officers and men who have so important a duty to perform, and who are forced to adopt such radical measures to accomplish it, do not wish to reflect serious discredit upon their motives by seeking or desiring any personal advantage.

In other words, the military authorities took whole provinces of people apparently pursuing their ordinary avocations, and undertook by every form of oppression -- burning their houses, destroying their food, confining them within certain zones, confiscating their property, imprisoning them, or forcing them to work -- to make them active agents on our side in this war of conquest.

What General Bell actually did is shown by his report made the day after Christmas:

Batangas, Dec. 26, 1901.

I have become convinced that within two months at the outside there will be no more insurrection in this brigade. We may not have secured all the guns or caught all the insurgents by that time, and the present insurrection will end and the men and the guns will be secured in time.... I am practically sure they cannot remain here in Batangas, Laguna, and a part of Tayabas. The people are now assembled in the towns, with all the visible food supply except that cached by insurgents in the mountains. For the next six days all station commanders will be employed hunting insurgents and their hidden food supplies within their respective jurisdictions. Population of each town will be turned out, and all transportation that can be found impressed to bring into government storehouses all food that is found, if it be possible to transport it. If not, it will be destroyed.

I am now assembling in the neighborhood of twenty-five hundred men, who will be used in columns of about fifty men each. I expect to accompany the command. Of course, no such strength is necessary to cope with all the insurgents in the Phillipine Islands, but the country is indescribably rough and badly cut up.... To the ravines and mountains I take so large a command for the purpose of thoroughly searching each ravine, valley, and mountain-peak for insurgents and for food, expecting to destroy everything I find outside of towns. All able-bodied men will be killed or captured. Old men, women, and children will be sent to towns. This movement begins January 1, by which time I hope to have nearly all the food supply in the towns. If insurgents hide their guns and come into the towns, it will be to my advantage; for I shall put such a pressure on town officials and police that they will be compelled to identify insurgents. If I catch these, I shall get their guns in time. I expect to first clean out the wide Loboo Peninsula south of Bantangas, Tiasan, and San Juan de Boc Boc road. I shall then move command to the vicinity of Lake Taal, and sweep the country westward to the ocean and south of Cavite, returning through Lipa.

I shall scour and clean up the Lipa Mountains. Swinging northward, the country in the vicinity of San Pablo, Alaminos, Tananan, and Santo Tomas, will be scoured, ending at Mount Maguiling, which will then be thoroughly searched and devastated. This is said to be the home of Malvar and his parents.

Swinging back to the right, the same treatment will be given all the country of which Mount Cristobal and Mount Banabao are the main peaks. These two mountains, Mount Maguiling, and the mountains north-east of Loboo are the main haunts of the insurgents. After the 1st of January no one will be permitted to move about without a pass....

These people need a thrashing to teach them some good common sense, and they should have it for the good of all concerned. Sixto Lopez is now interested in peace because I have in jail all the male members of his family found in my jurisdiction, and have seized his houses and palay and his steamer.

Let us see now what General Smith's orders were.

The following was issued after Major Waller and others had been at work for some time, as General Smith took command October 10, and Major Waller's report of burning one hundred and sixty-five villages was dated November 23:

Headquarters Sixth Separate Brigade,

Tacloban, Leyte, P.I, Dec. 24,1901.

To All Station Commanders:

The brigade commander has become thoroughly convinced from the great mass of evidence at hand that the insurrection for some time past and still in force in the island of Samar has been supported solely by the people who live in the pueblos ostensibly pursuing their peaceful pursuits and enjoying American protection, and that this is especially true in regard to the "pudientes," or wealthy class.

He is and for some time past has been satisfied that the people themselves, and especially this wealthy and influential class, can stop this insurrection at any time they make up their minds to do so; that up to the present time they do not want peace; that they are working in every way and to the utmost of their ability to prevent peace. He is satisfied that this class, while openly talking peace, is doing so simply to gain the confidence of our officers and soldiers, only to betray them to the insurrectos, or, in short, that while ostensibly aiding the Americans, they are in reality secretly doing everything in their power to support and maintain this insurrection.

Under such conditions there can be but one course to pursue, which is to adopt the policy that will create in the minds of all the people a burning desire for the war to cease, -- a desire or longing so intense, so personal especially to every individual of the class mentioned, and so real that it will impel them to devote themselves in earnest to bringing about a state of real peace, that will impel them to join hands with the Americans in the accomplishment of this end.

The policy to be pursued in this brigade, from this time on, will be to wage war in the sharpest and most decisive manner possible. This policy will apply to the island of Samar and such other portions of the brigade to which it may become necessary to apply it, even though such territory is supposedly peaceful or is under civil government.

In waging this warfare, officers of this brigade are directed and expected to co-operate to their utmost, so as to terminate this war as soon as practicable, since short severe wars are the most humane in the end. No civilized war, however civilized, can be carried on on a humanitarian basis. In waging this war, officers will be guided by the provisions of General Orders, No. 100, Adjutant-general's Office, 1863, which order promulgates the instructions for the government of the armies of the United States in the field. (Copies of this order will be furnished to the troops of this brigade as soon as practicable. In the mean time commanding officers will personally see to it that the younger and less experienced officers of the command are instructed in the provisions of this order, wherever it is possible to do so.)

Commanding officers are earnestly requested and expected to exercise, without reference to these headquarters, their own discretion in the adoption of any and all measures of warfare coming within the provisions of this general order which will tend to accomplish the desired results in the most direct way or in the shortest possible space of time. They will also encourage the younger officers of their commands to constantly look for, engage, harass, and annoy the enemy in the field; and to this end commanding officers will repose a large amount of confidence in these subordinate officers, and will permit to them a large latitude of action and a discretion similar to that herein conferred upon the commanding officers of stations by these headquarters.

In dealing with the natives of all classes, officers will be guided by the following principles:

First. Every native, whether in arms or living in the pueblos or barrios, will be regarded and treated as an enemy until he has conclusively shown that he is a friend. This he cannot do by mere words or promises, nor by imparting information which, while true, is old or stale and of no value; nor can it be done by aiding us in ways that do no material harm to the insurgents. In short, the only manner in which the native can demonstrate his loyalty is by some positive act or acts that actually and positively commit him to us, thereby severing his relations with the insurrectos and producing or tending to produce distinctively unfriendly relations with the insurgents.

Not only the ordinary natives, but especially those of influence and position in the pueblos, who manifestly and openly cultivate friendly relations with the Americans, will be regarded with particular suspicion, since by the announced policy of the insurgent government their ablest and most stanch friends or those who are capable of most skillfully practising duplicity are selected and directed to cultivate the friendship of American officers, so as to obtain their confidence, and to secretly communicate to the insurgents everything that the Americans do or contemplate doing, particularly with regard to the movement of troops. In a word, friendship for the Americans on the part of any native will be measured directly and solely by his acts; and neither sentiment nor social reasons of any kind will be permitted to enter into the determination of such friendship.

Second. It will be regarded as a certainty that all officials of the pueblos and barrios are likewise officials of Lukban and his officers, or at least that they are in actual touch and sympathy with the insurgent leaders, and that they are in secret aiding these leaders with information, supplies, etc., wherever possible. Officers will not be misled by the fact that officials of the pueblos pass ordinances inimical to those in insurrection, or by any action taken by them, either collectively or individually. The public acts of pueblo councils that are favorable to the Americans are usually negative by secret communication on the part of the parties enacting them to those in insurrection. Therefore, such acts cannot be taken as a guide in determining the friendship or lack of it of these officials for the American government.

Third. The taking of the oath of allegiance by officials, presidentes, vice-presidentes, consejeros, principales, tenientes of barrios, or other people of influence, does not indicate that they or any of them have espoused the American cause, since it is a well-established fact that these people frequently take the oath of allegiance with the direct object and intent of enabling them to be of greater service to their real friends in the field. In short, the loyalty of these people is to be determined only by acts which, when combined with their usual course of conduct, irrevocably binds them to the American cause.

Neutrality must not be tolerated on the part of any native. The time has now arrived when all natives in this brigade, who are not openly for us must be regarded as against us. In short, if not an active friend, he is an open enemy.

Fourth. The most dangerous class with whom we have to deal is the wealthy sympathizer and contributor. This class comprises not only all those officials and principales above mentioned, but all those of importance who live in the pueblos with their families. By far the most important as well as the most dangerous member of this class is the native priest. He is most dangerous; and he is successful because he is usually the best informed, besides wielding an immense influence with the people by virtue of his position. He has much to lose, in his opinion, and but little to gain through American supremacy in these island.

It is expected that officers will exercise their best endeavors to suppress and prevent aid being given by the people of this class, especially by the native priests. Wherever there is evidence of this assistance, or where there is a strong suspicion that they are thus secretly aiding the enemies of our government, they will be confined and held. The profession of the priest will not prevent his arrest or proceedings against him. If the evidence is sufficient, they will be tried by the proper court. If there is not sufficient evidence to convict, they will be arrested and confined as a military necessity, and held as prisoners of war until released by orders from these headquarters.

It will be borne in mind that in these islands, as a rule, it is next to impossible to secure evidence against men of influence, and especially against the native priests, so long as they are at large. On the other hand, after they are arrested and confined, it is usually quite easy to secure abundant evidence against them. Officers in command of stations will not hesitate, therefore, to arrest and detain individuals whom they have good reasons to suspect are aiding the insurrection, even when positive evidence is lacking....

Others of his orders are counterparts of those issued by General Bell, the phraseology being the same.

Here, then, were several great provinces placed under the heel of two military officers, who started by assuming that the entire population was hostile, who regarded the most friendly behavior as especial evidence of hostility, who imparted their suspicions to their subordinates, urged them to act without consulting headquarters, and then began a campaign of reconcentration, devastation, and extermination. The only evidence of friendship that was to be accepted substantially was pointing out guns or insurgents, and the natives were to be subject to what General Bell calls once an "unsupportable" and once "intolerable" pressure.

Evidence thus obtained must be unreliable, as it always has been in every age and every country; and General Bell himself furnishes the proof in the following despatch:

Batangas, Jan. 9, 1902.

To All Station Commanders

Information reaching these headquarters indicates that the hardship and pressure which has been placed upon the people by the campaign has caused them, in seeking revenge or means of self-defence, to resort to their well-known expedient of false denunciation. Inasmuch as this custom is both a pernicious nuisance and might become a serious impediment to the success of military operations, commanding officers in the provinces of Batangas and Laguna will promptly bring to trial by provost court, for conduct prejudicial to good order and military operations, any person who makes a false denunciation, whenever it can be established to the satisfaction of the commanding officer that said false denunciation has been knowingly and viciously made for purposes of revenge, of self-defence, of clouding the real issue, of throwing discredit upon the transactions, motives, or testimony of material witnesses, or for any other purpose.

Inasmuch, however, as it is not intended to prevent or discourage the making of legitimate complaints, commanding officers will take great pains to investigate carefully and bring no one to trial until it has been clearly ascertained that they have made false denunciations knowingly and purposely, with vicious intent.

Any kind of defiance of the government or disloyal manifestations against measures adopted by it to put an end to insurrection, in this brigade, will be suppressed at once. These people must be taught the necessity for submission to the legally constituted authority, and this can be properly done in one way only, -- by firm and relentless repressive action.

J. F. Bell, Brigadier-general Commanding.

Who were the men who as commanding officers, or provost courts, held absolute sway over thousands of men? They were various subordinate officers, without judicial experience, unfamiliar with the language of the witnesses, and with every passion and prejudice inflamed against the people whom they were set to govern or try by such orders from their superiors as have been quoted.

This was carrying out President McKinley's standing order that

it should be the earnest and paramount aim of the military administration to win the confidence, respect, and affection of the inhabitants of the Philippines by assuring them in every possible way that full measure of individual rights which is the heritage of free peoples.

We have here concentration, devastation, the destruction of food and dwellings wherever found outside the "protected zones," killing, and every feature of the most barbarous war.

How such orders appear in the execution may be gathered from the following letter written to Senator Hoar by Clarence Clowe, of Seattle, on June 10, 1900, at a time when we were supposed to be pursuing "the magnanimous and benevolent policy" of which General Bell speaks in his order of December 13, 1902. It was about sixteen months after hostilities began.

At any time I am liable to be called upon to go out and bind and gag helpless prisoners, to strike them in the face, to knock them down when so bound, to bear them away from wife and children, at their very door, who are shrieking pitifully the while, or kneeling and kissing the hands of our officers, imploring mercy from those who seem not to know what it is, and then, with a crowd of soldiers, hold our helpless victim head downward in a tub of water in his own yard, or bind him hand and foot, attaching ropes to head and feet, and then lowering him into the depths of a well of water till life is well-nigh choked out, and the bitterness of a death is tasted, and our poor, gasping victims ask us for the poor boon of being finished off, in mercy to themselves.

All these things have been done at one time or another by our men, generally in cases of trying to obtain information as to the location of arms and ammunition.

Nor can it be said that there is any general repulsion on the part of the enlisted men to taking part in these doings. I regret to have to say that, on the contrary, the majority of soldiers take a keen delight in them, and rush with joy to the making of this latest development of a Roman holiday.

Secretary Root Approved this Policy

Yet Secretary Root approved all this. In his letter of May 7, 1902, to the president of the Senate, he says that the orders of General Bell of December 8, December 9, and December 13, were received by the department on January 17, 1902.

He says that these orders were "based upon," and were in strict conformity both with the letter and spirit of these instructions,  that the War Department saw no reason to doubt that the policy embodied in the above-mentioned orders was at once the most effective and the most humane which could possibly be followed; and so, indeed, it has proved, since, as he says, the guerilla warfare in Batangas and Laguna and the adjacent regions has been ended, the authority of the United States has been asserted and acquiesced in, and the people who had been collected and protected in the camps of concentration have been permitted to return to their homes and resume their customary pursuits in peace.

Surely, an amazing sentence, when we remember that outside the camps their homes had been burned, and their food and other property destroyed or carried away in great part, if not wholly. Can such "devastation" as General Bell describes in his letter to General Wheaton be carried out and any home worth having be left? Literally, history repeats itself; and the American Secretary of War "makes a solitude, and calls it peace."

Secretary Root continues:

The War Department has not disapproved or interfered in any way with the orders giving effect to this policy; but has aided in their enforcement by directing an increase of food supply to the Philippines for the purpose of caring for the natives in the concentration camps.

Martial law is sometimes imposed during wars or occupations in the absence of any other civil government. Examples of this form of military rule include Germany and Japan after World War II or the American South during the early stages of Reconstruction. In addition it is used by governments to enforce their rule, for example after a coup d'état (Thailand 2006), when threatened by popular protests (Tiananmen Square protests of 1989), or to crack down on the opposition (Poland 1981). Martial law can also be declared in cases of major natural disasters; however most countries use a different legal construct, such as a "state of emergency".

In many countries martial law imposes particular rules, one of which is curfew. Often, under this system, the administration of justice is left to a military tribunal, called a court-martial. The suspension of the writ of habeas corpus is likely to occur.

Martial law across the world

Australia

Governor of New South Wales Sir Thomas Brisbane imposed martial law in the Bathurst region in 1824 in response to violent conflicts between European settlers and the indigenous Wiradjuri people led by Windradyne^[1].

 Egypt

In Egypt, a State of Emergency has been imposed almost continuously since 1967 A.D. Due to the assassination of President Anwar el-Sadat in 1981, martial law was declared. Egypt has been under martial law ever since - the Parliament has renewed the emergency laws every three years since they were imposed. The legislation was last extended in 2003 and was due to expire at the end of May 2006; plans were in place to replace them with new anti-terrorism laws but after the Dahab bombings in April martial law was renewed for another two years. [1] [2]

Martial law allows the government to detain anyone deemed to be threatening state security for renewable 45-day periods without court orders and also give military courts the power to try civilians.

Public demonstrations are banned under the legislation.

 India

Martial law in India is different from rest of the world. According to the Indian Constitution, during peacetime, governmental and the people's interests are under the control of the Prime Minister, Parliament, and the Supreme Court, but all armed forces (except police, which are under the control of the Home Ministry and the respective state governments) are under the direct control of the Department of Defense and the President (who also controls the national guard and paramilitary forces). In case of a Emergency being declared in accordance with article 352 of the Indian Constitution [3] , all armed forces, reserve forces, and paramilitary forces, along with the Department of Defence, come under the strict orders of the President; while police, home ministry, law department, and government comes under strict control of the Prime Minister (without any intervention by Parliament and the Supreme Court). In such a crisis, solving an issue/problem, stabilizing the nation, and defense are considered higher priorities than the people's interest. In this situation, the Fundamental Rights may be suspended as well though in recent years the Supreme Court has ruled that some of the rights may never be suspended.

In case of an environmental crisis or a limited terrorist attack or limited war, the Indian government declares states of alert in the vicinity of the area in which the emergency relief forces of the Indian Armed Forces, the Home Guard, and the police are coordinated by the Government of India. However Fundamental Rights are NOT suspended.

The British Indian Colonial Government declared martial law many times in order to suppress the Indian freedom movement.

1. April 13 1919 - After General Reginald Dyer fires upon a crowd of protesters in Amritsar,Punjab, where 379(official) ,>1000(unofficial and subsequent investigations) are killed, Martial Law is declared throughout Punjab.
2. During the various points of the freedom struggle like the Non-Cooperation Movement and the Quit India Movement in 1942

So far, Indian government declared State of Emergency according to article 352 only once after independence:-
 

1. 1975 - Indira Gandhi declared a state of emergency between 25 June 1975–21 March 1977.^[2]

There have been numerous 'states of alert' being declared in the history of Independent India

1. 1984 December - Gas leak at Bhopal Gas tragedy. Thousands are killed immediately, many more subsequently die or are left disabled.
2. 1999 October - Cyclone devastates eastern state of Orissa, leaving at least 10,000 dead.
3. 2001 January - Massive earthquakes hit the western state of Gujarat, leaving at least 30,000 dead.
4. 2004 December - Thousands are killed when tidal waves, caused by a powerful undersea earthquake off the Indonesian coast, devastate coastal communities in the south and in the Andaman and Nicobar Islands.
5. 2005 July - More than 1,000 people are killed in floods and landslides caused by monsoon rains in Mumbai (Bombay) and Maharashtra region.
6. 2005 8 October - An earthquake, with its epicenter in Pakistani-administered Kashmir, kills more than 1,000 people in Indian-administered Kashmir.

NOTE:- Indian government declares state of emergency during any crisis that is administered as terrorist activity.
 

1. 2003 August - At least 50 people are killed in two simultaneous bomb blasts in Bombay. Also, bombs kill 62 people in Delhi.
2. 2006 14 people are killed by bomb blasts in the Hindu pilgrimage city of Varanasi.
3. 2006 May - Suspected Islamic militants kill 35 Hindus in the worst attacks in Indian-administered Kashmir for several months.
4. 2006 11 July - More than 180 people are killed in bomb attacks on rush-hour trains in Mumbai. Investigators blame Islamic militants based in Pakistan.
5. 2006 8 September - Explosions outside a mosque in the western town of Malegaon kill at least 31 people.
6. 2007 18 February - 68 passengers, most of them Pakistanis, are killed by bomb blasts and a blaze on a train traveling from New Delhi to the Pakistani city of Lahore.

For further reading please browse through BBC Archives in South Asia section, relating to India.^[3]

Ireland

Much of Ireland was declared under martial law by the British authorities during the Irish War of Independence. Much of Ireland was also under de facto martial law during the Irish Civil War

Israel

Military administrative government was in effect from 1949 to 1966 over some geographical areas of Israel, which had large Arab populations, primarily the Negev, Galilee, and the Triangle. The residents of these areas were subject to a number of controlling measures that amounted to martial law.^[4][5] Permits from the military governor had to be procured to travel more than a given distance from their registered place of residence and curfew, administrative detentions, and expulsions were common.^[4] Though the military administration was officially for geographical areas, and not people, its restrictions were seldom enforced on the Jewish residents of these areas. In the 1950s, martial law ceased to be in effect for those Arab citizens living in predominantly-Jewish cities, but remained in place in all Arab localities within Israel until 1966.^[4]

During the 2006 Lebanon war, martial law was declared by Defense Minister Amir Peretz over the North of the country. The Israel Defense Forces were granted the authority to issue instructions to civilians, and close down offices, schools, camps and factories in cities considered under threat of attack, as well as to impose curfews on cities in the North.^[6] Instructions of the Home Front Command are obligatory under martial law, rather than merely recommendatory.^[6] The order signed by Peretz was in effect for 48 hours.^[6] It was extended by the Cabinet and the Knesset Foreign Affairs and Defense Committee over the war's duration.^{[citation needed]}

Pakistan

Martial law has been declared in Pakistan three times, though two times enforced under the name of "state of emergency", by Musharraf, as constitution was suspended. In the first instance President Iskander Mirza abrogated the Constitution in 1958 and declared Martial Law over the country. The second instance was when General Yahya Khan declared martial law in March, 1969 after Mirza's successor, General Ayub Khan handed over power to him. the 3rd by Gen Muhammad Zia-ul-Haq. Another debatable instance was when General Pervez Musharraf declared two times in the country "State of Emergency" once to topple Nawaz Sharif and other under thr self-created grounds i.e. mounting militant attacks and "interference by members of the judiciary". See 2007 Pakistani state of emergency for more information.

After several tumultuous years, which witnessed the secession of East Pakistan, politician Zulfikar Ali Bhutto took over in 1971 as the first civilian martial law administrator in recent history, imposing selective martial law in areas hostile to his rule, such as the country's largest province, Balochistan. Following widespread civil disorder, General Muhammad Zia-ul-Haq overthrew Bhutto and imposed martial law in its totality on July 5, 1977 in a bloodless coup d'etat. Unstable areas were brought under control through indirect military action, such as Balochistan under Martial Law Governor, General Rahimuddin Khan. Civilian government resumed in 1988 following General Zia's death in an aircraft crash.

On October 12, 1999, the government of Prime Minister Nawaz Sharif was dissolved, and the Army took control once more. But no Martial Law was imposed. General Pervez Musharraf took the title of Chief Executive until the President Rafiq Tarar resigned and General Musharraf became President. Elections were held in October 2002 and Mir Zafarullah Khan Jamali became Prime Minister. Jamili premiership was followed by Chaudhry Shujaat Hussain and Shaukat Aziz. While the government was supposed to be run by the elected Prime Minister, there was a common understanding that important decisions were made by the President General Parvez Musharraf.

On November 03, 2007, President General Pervez Musharraf declared the state emergency in the country which is claimed to be equivalent to the state of Martial Law as the constitution of Pakistan of 1973, was suspended, and the Chief Justices of the Supreme Court were fired.

On November 12, 2007, President General Pervez Musharraf issued some amendments in the Military Act, which gave the Armed forces some additional powers.

Philippines

President Jose P. Laurel of the wartime Second Republic (puppet-government under Japan) placed the Philippines under martial law in 1944 through Proclamation No. 29, dated September 21. Martial law came into effect on September 22, 1944 at 9am. Proclamation No. 30 was issued the next day, declaring the existence of a state of war between the Philippines and the US and Great Britain. This took effect on September 23, 1944 at 10am.

The Philippines was under martial law again from 1972 to 1981 under the authoritarian rule of Ferdinand Marcos. Martial law was declared to suppress increasing civil strife and the threat of communist takeover following a series of bombings in Manila. The declaration of martial law was initially well-received by some segment of the people but became unpopular as excesses and human rights abuses by the military emerged. Torture was used in extracting information from their enemies. Proclamation No. 1081 (Proclaiming a State of Martial Law in the Philippines) was signed on September 21, 1972 and came into force on September 22 - interestingly enough exactly 28 years after President Jose P. Laurel's similar proclamations.

There were rumours that President Gloria Macapagal-Arroyo was planning to impose martial law to put an end to military coup plotters and general civilian dissatisfaction and criticism of the legitimacy of her presidency due to dubious election results. Instead, however, a "State of National Emergency" was imposed to crush a coup plot and tackle protesters which lasted from February 24, 2006 until March 3 of the same year.

Poland

Main article: Martial law in Poland

Martial law was introduced in Communist Poland on December 13, 1981 by Generals Czesław Kiszczak and Wojciech Jaruzelski to prevent democratic opposition from gaining popularity and political power in the country. Thousands of people linked to democratic opposition, including Lech Wałęsa, were arbitrary arrested and detained. About 100 deaths are attributed to the martial law, including 9 miners shot by the police during the pacification of striking Wujek Coal Mine. The martial law was lifted July 22, 1983. Polish society is divided in opinion on the necessity of introduction of the martial law, which is viewed as a lesser evil compared to alleged Soviet military intervention. Generals' legal trials are still in progress after 25 years from the events.

Switzerland

There are no provisions for martial law as such in Switzerland. Under the Army Law of 1995 [4], the Army can be called upon by cantonal (state) authorities for assistance (Assistenzdienst). This regularly happens in the case of natural disasters or special protection requirements (e.g., for the World Economic Forum in Davos). This assistance generally requires parliamentary authorization, though, and takes place in the regular legal framework and under the civilian leadership of the cantonal authorities. On the other hand, the federal authorities are authorized to use the Army to enforce law and order when the Cantons no longer can or want to do so (Ordnungsdienst). This power largely fell into disuse after World War II. See [5].

 Republic of China (Taiwan)

After the Kuomintang (KMT) regime of the Republic of China (ROC) retreated from mainland China to Taiwan, the distinction of having the longest period of martial law in modern history was imposed on Taiwan and the other islands administered by the Republic of China. In the aftermath of the 2-28 Incident of 1947, martial law was declared in 1948, and the perceived need to suppress Communist and pro-democracy activities on the island meant that the martial law was not lifted until 1987.

Thailand

In Thailand many coups have taken place since the 1930s, but many have failed. In January 2004, the former Prime Minister of Thailand, Thaksin Shinawatra, declared a state of martial law in the provinces of Pattani, Yala, and Narathiwat in response to the growing South Thailand insurgency. On September 19, 2006, Thailand's Army declared martial law following a bloodless military coup in the Thai capital of Bangkok, declared while The Prime Minister Thaksin Shinawatra was in New York to address the United Nations General Assembly. General Sonthi Boonyaratglin took the control of the Government, and soon after handed the premiership to Ex-Army Chief General Surayud. Sonthi himself is Chief of the Administrative Reform Council.

 FR Yugoslavia

During the Yugoslav Wars in 1991, it was declared "State of Direct War Threat". Although forces from whole SFRY were included in this conflict, martial law was never announced, but after secession, Croatia and Bosnia and Herzegovina declared Martial law. In March 23, 1999, "State of Direct War Threat" was declared in Yugoslavia, following possibility of NATO air-strikes. Day after, when strikes had begun, Martial law has been declared, and it had duration until June 15, that year, although strikes ended on June 10, following Kumanovo agreement.

Canada

See also: War Measures Act

Martial law has been declared three times in Canada. During World War I and World War II, as well as the October Crisis of 1970. Canada officially refers to Martial Law as the War Measures Act, which was enacted in 1914 and replaced by the Emergencies Act in 1988.

 United States of America

See also: Suspension clause

The martial law concept in the U.S. is closely tied with the right of habeas corpus, which is in essence the right to a hearing on lawful imprisonment, or more broadly, the supervision of law enforcement by the judiciary. The ability to suspend habeas corpus is often equated with martial law. Article 1, Section 9 of the U.S. Constitution states, "The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion, the public Safety may require it."

In United States law, martial law is limited by several court decisions that were handed down between the American Civil War and World War II. In 1878, Congress passed the Posse Comitatus Act, which forbids military involvement in domestic law enforcement without congressional approval. The Military Commissions Act of 2006 possibly rescinds these limits by suspending habeas corpus, but the law is not clear on whether it applies to U.S. Citizens. Since, USNORTHCOM [6] has increased its direct involvement with civilian administration.

 Ex parte Milligan

On September 15, 1863, President Lincoln imposed Congressionally-authorized martial law. The authorizing act allowed the President to suspend habeas corpus throughout the entire United States. Lincoln imposed the suspension on "prisoners of war, spies, or aiders and abettors of the enemy," as well as on other classes of people, such as draft dodgers. The President's proclamation was challenged in Ex parte Milligan (71 US 2 [1866]). The Supreme Court ruled that Lincoln's imposition of martial law (by way of suspension of habeas corpus) was unconstitutional.

Despite the recent laws passed, a test of the president's power to declare martial law without the consent of Congress would likely run afoul of the Constitution which has exclusive power to suspend Habeas Corpus.

The National Guard is an exception, since unless federalized, they are under the control of state governors. [7]. This was changed briefly: Public Law 109-364, or the "John Warner Defense Authorization Act of 2007" (H.R.5122), was signed by President Bush on October 17, 2006, and allowed the President to declare a "public emergency" and station troops anywhere in America and take control of state-based National Guard units without the consent of the governor or local authorities. Title V, Subtitle B, Part II, Section 525(a) of the JWDAA of 2007 reads "The [military] Secretary [of the Army, Navy or Air Force] concerned may order a member of a reserve component under the Secretary's jurisdiction to active duty...The training or duty ordered to be performed...may include...support of operations or missions undertaken by the member's unit at the request of the President or Secretary of Defense." ^[7] The President signed the Defense Authorization Act of 2008 on January 13, 2008. However, Section 1068 in the enacted 2008 defense authorization bill (H.R. 4986: "National Defense Authorization Act for Fiscal Year 2008") repealed this section of PL 109-364. ^[8]

New Orleans, Louisiana in the War of 1812

During the War of 1812, U.S. General Andrew Jackson imposed martial law in New Orleans, Louisiana after capturing the encampment of New Orleans from the British in the Battle of New Orleans.

The American Revolution

As a result of the Boston tea Party, King George III of Britain, ordered Martial Laws in Boston to keep riots and protest down.

The Territory of Hawaii

During World War II (1939 to 1945) what is now the State of Hawaii was held under martial law from 1941 to 1945.

Contrary to many media reports at the time, martial law was not declared in New Orleans in the aftermath of Hurricane Katrina, because no such term exists in Louisiana state law. However, a State of Emergency was declared, which does give unique powers to the state government similar to those of martial law. On the evening of August 31, 2005, New Orleans Mayor Ray Nagin nominally declared "martial law" and said that officers didn't have to observe civil rights and Miranda rights in stopping the looters. ^[9] Federal troops were a common sight in New Orleans after Katrina. At one point, as many as 15,000 federal troops and National Guardsmen patrolled the city. Additionally it has been reported that armed contractors from Blackwater USA assisted in policing the city.^[10]

See also "What Is Martial Law? And is New Orleans under it?" by the Slate Explainer.

See also

• Authoritarianism
• Military law (law to which members of the military are subject)
• Military rule
• State of emergency
• Martial law in Poland
• Chief Martial Law Administrator
• DEFCON

Additional reading

• Macomb, Alexander, Major General of the United States Army, A Treatise on Martial Law, and Courts-Martial as Practiced in the United States. (Charleston: J. Hoff, 1809), republished (New York: Lawbook Exchange, June 2007), ISBN 1584777095, ISBN 978-1584777090, 340 pages.^[11]

References

External links

• Martial law in Thailand in 2005
• Full text of the 1972 Martial Law in the Philippines
• NSPD-51

• Sen. Barack Obama calls on Americans to serve their country in a new plan
   
• "I want this to be a central cause of my presidency," Obama says
   
• Obama wants to expand AmeriCorps, double the size of the Peace Corps
   
• His proposal also calls on Americans to serve in the armed forces