Tuesday, 11 May, 2021

Nepal Democracy

Do Martial Law only Brings Bad Things in a Country?


Rather than the civilian government, the military takes over when martial law is implemented. It can be declared in a number of scenarios; could be a respond to crisis, an effort to control occupied territory or to declare a state of emergency.

Martial law declaration is quite rare and oftentimes, changes the tide of a country’s economy. This puts restrictions on so many businesses from heavy duty towing, broadcasters, logistic providers and more. The moment it is declared, either all elements of the government operations or civilian control is handed over to the military.

Military Takeover

The passing of power means that government officials who were elected, representatives who were chosen by the population will be stripped of power. Civilians have no choice but to give up their control of the country in hopes of restoring order with the chance that control might not be reclaimed down the road.

Civil liberties similar to free movement, protection from unreasonable searches, free speech and the likes could be suspended under martial law. Typically, the justice system that is handling civil and criminal law issues would be turned over to military justice system similar to a military tribunal. Civilians could be arrested for offenses that are in normal circumstances would mean nothing and even the simplest violation such as going out of curfew hours can be grounds for your arrest.

Laws related to habeas corpus that are made to prevent any unlawful detention might be suspended too, which allows military to detain pretty much any people they want on an indefinite time without recourse.

Martial Law Declaration

While it is true that the cons for martial law is horrible to know, it can sometimes be the last resort for circumstances in which law and order are deteriorating rapidly. For instance, in 1892, Idaho governor imposed martial law once after a rebel group of mine workers blew up a mill that leveled 4-story building and also killing one person.

It could be declared as well against reigning protests, insurrections, coup d’états or civil unrest. Martial law might be declared to when the military of the country occupied foreign territory like at the end of war.