Declaration of Martial Law

Declaration of Martial Law

Introduction

Implementation of martial law is evidenced when the administration of law is transitioned from civil government to military rule. Martial law is declared in the wake of a crisis as well as responding to an emergency. Enactment of martial law comes with suspension of civil liberties, including protection from unacceptable searches, freedom of movement, speech as well as habeas corpus. Military control of the United States government was lastly seen in 1941 after the Japanese invaded Pearl Harbor. It was after the declaration when the army governor ordered the suspension of labor contact, closure of schools, courts, froze salaries, imposed censorship of radio, private mail, and newspaper. Besides, a curfew was implemented, total blackout in addition to banning of alcohol selling. Some of the American citizens suggested that the implementation of martial law was nothing short of government dishonor of citizens’ rights. Differently, others saw it as a significant measure to enforce security. In light of the above, the paper will provide critical analysis of the rationale behind enacting martial law and its impacts on the citizens.

Why Martial should be declared

It will be a vital measure if the government enacts martial law following an epic disaster. Collins (2016) confirmed that the declaration of martial law would be necessary when a country experiences severe destruction, including massive bombing from a clashing country, asteroid impact, and nuclear incident. Under such circumstances, it will be much essential to suspend the civil obligation of government towards citizens, which would aid hugely in suppressing adverse impacts caused by the incident (Collins, 2016). Notably, total control of the country’s activities by the military authority will be necessary when a country is faced with grievous devastation that demands professional guidance.          

Bahan (2019) supports enforcement of martial law by enlightening that it reduces instances of abuse in addition to assisting the police in identifying potential attackers. Besides, a country which puts in place the rules prevents unnecessary clashes between the citizens and police, because it is evident that the public may be tempted to run street demonstrations (Bahan, 2019). It is worth noting that police officers tend to be harsh following an epic disaster. Therefore, it will be much helpful for citizens to pave the way for police militants to conduct the necessary search, thereby rebuilding the acceptable levels of security (Bahan, 2019). Overly, it is much more essential to lift civil government obligations and feel saver later after the incident.

No country would consider enforcing martial law if it sees no reason for doing it. The previous research has enlightened that the countries which have been associated with martial law actualized it to protect the rights of citizens. Additionally, there is no reasonable leader who would want to subject citizens to such unfortunate exposure devoid of an apparent reason. Welch (2015) provided a vivid example of the Philippines, whereby Ferdinand Marcos declared martial law in September 1972. Marcos’s core aim was to stabilize Philippine’s chaotic state since he had predicted an unmanageable rate of heightened violence and disorder amid communities (Bahan, 2019). The main drive of leaders who declare the rule is to uphold peace in communities, thereby promoting the public’s social-economic lifestyle.

There have been narratives going around that the U.S government can declare martial law following the ever-rising number of COVID-19 victims. The current number of COVID-19 victims in the United States has escalated up to 200,000, with 6,000 deaths (Zoellner, 2020). Notably, citizens are worried about the government’s decisions towards the enactment of martial law towards Covid-19 contraction. California governor, Calvin Newsom,  confirmed that the government could enforce martial only if it is necessary (Zoellner, 2020). Based on his proposition, it is evident that the country has not yet reached a state where it cannot manage the pandemic. Besides, the COVID-19 cases are manageable; that is why the law has not been initiated (Zoellner, 2020). Importantly, it will be helpful for the U.S to put in place martial rule, if the pandemic advances to severe levels, purposely to suppress the contraction, thereby protecting the lives of citizens.

There would be no need for martial law existence if it cannot be enacted. Cuny (2016) confirmed that the law exists because an unmanageable instance can strike the government, which will force it to seek assistance from military Martials. Therefore, citizens should uproot the ideas that the government cannot suspend its civil obligation to the citizens. Citizens need to understand that the government can choose it as a last resort, purposely to secure the future of the country. Cuny (2016) suggests that before the government opts to go the martial law way, it must have experienced a series of failed democracy instances.

Martial law is among the significant interventions that can be used to rebuild community stability for the embattled country. Zoellner (2020) advises citizens to have positive views towards martial law because for peoples to survive a storm, there must be a steady hand to take them through. Possibly, the citizens will not have access to essential requirements, including freedom for speech, movement, and press. However, it is better to sacrifice now and be at peace later. Importantly, it reaches a point where a situation in a country can turn out to be destructive and chaotic, that it cannot be contained. As a consequence, the government will be forced to initiate martial law, which would aid in rebuilding peace to acceptable levels.

One should not always look at the impacts of martial law from a negative perspective. Notably, the benefits of implementing a martial law during epic disasters outweigh its adverse consequences. Seweryński & Skupień (2017) suggest that severely embattled countries can regain reposefulness and security by enacting martial law, which would aid the militants in conducting searches, thereby identifying potential attackers before an invasion. Precisely, the citizens will be denied access to basic needs and freedom for a specified period. Still, they will later enjoy after the martial militants have heightened security to the acceptable levels.

Martial law can aid in preventing the spread of terrorism to other countries. Collins (2016) suggest that martial law is a tool for suppressing instances of mass killing because it will assist the police in restricting the necessary movement of persons. As a result, the militants will closely monitor the actions of terrorists in the sense that they cannot access the bounders of the neighboring countries. Collins (2016) further advises people not to fear enforcement of martial law because the officials have the power to utilize it for a better future of a country. Notably, living in a country where the law is active creates peace in mind since the citizens have a clear view that some measures are being taken to uphold the country’s security.

Critiques against Martial Law Enactment

Maintenance of peace and upholding the accepted level of discipline cannot be vested in one hand. Bahan (2019) suggested that military commandant cannot manage the entire activities of a country. Forcefully enacted rules cannot be effective as compared to the voluntary actions of an individual based on acceptable morals. Bahan (2019) opine that martial laws will never bring a fruitful outcome to accept long-standing riots and demonstrations. Besides, the enactment of rule robs a country the democratic right to make decisions based on existing laws. According to Bahan (2019), the passage of the law tends to be unfavorable to citizens because they end up being tortured, in addition to losing the property.

Declaring martial law can as well be defined as a dictatorship. Enacting law leads to closure of all services provided in the country, including power supply, media, and food supply. As much as a rule is meant to restore security and to shape a better future, it should not turn peoples to robots (Seweryński & Skupień, 2017). Notably, it would be grievous exposure for one to lack access to basic requirements, for instance, food and communication. Mind you; the military commandant does not have representatives who can air the views of other citizens (Seweryński & Skupień, 2017). Precisely, people will continue to suffer, yet they have no one who can address their issues. Seweryński & Skupień (2017) enlighten that the enactment of martial instigates police officers to use excessive force in the name of protecting citizens. The previous research suggests that citizens from countries that enacted martial law filed a series of police brutality and shooting cases after the incident.

Conclusion

Overly, the declaration of martial law can only be applicable when necessary. The fact that it exists, citizens should not come up with critiques against the rule during enactment. Again, citizens need to note that the law is meant to uphold security as well as shaping a better future for the entire country. It is, however, worth noting that some citizens see no need for martial law enactment. Some suggest that the needs of the whole country cannot be vested in the hands of one person, and the rules are nothing short of a dictatorship. Overall, it is worth noting that the positive impact of martial law underpins its adverse perspective, and people should comply with the rule when necessary.

References

Bahan, I. V. (2019). Types Of Crimes Perpetration Of Which By Law Enforcement Officer Is Of

Collins, J. M. (2016). Martial law and English laws, c. 1500–c. 1700. Cambridge University

Press.

Cuny, F. C. (2016). Dilemmas of military involvement in humanitarian relief. In Soldiers,

peacekeepers and disasters (pp. 52-81). Palgrave Macmillan, London.

Seweryński, M., & Skupień, D. (2017). The MarTial law and iTs iMpacT on labour relaTions in

poland. Studia Prawno-Ekonomiczne, 102, 107-124.

Welch, J. W. (2015). Law and War in the Book of Mormon. Warfare in the Book of Mormon, 53.

Zoellner, D. (2020). Coronavirus: The California government is prepared to enact martial law if its

necessary, the governor says. Retrieved from https://news.yahoo.com/coronavirus-california-prepared-enact-martial-215237009.html?soc_src=community&soc_trk=fb