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This blog was created to provide information about martial law cases around the World. The first post will give information about Pakistan's state of emergency and how martial law has come into place.

What is martial law?
Martial law is the system of rules that takes effect when the military takes control of the normal administration of justice.

Usually martial law reduces some of the personal rights ordinarily granted to the citizen, limits the length of the trial processes, and prescribes more severe penalties than ordinary law. In many states martial law prescribes the death penalty for certain crimes, even if ordinary law does not contain that crime or punishment in its system.

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 like "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.

What is a state of emergency?
A state of emergency is a governmental declaration that may suspend certain normal functions of government, may work to alert citizens to alter their normal behaviors, or may order government agencies to implement emergency preparedness plans. It can also be used as a rationale for suspending civil liberties. Such declarations usually come during a time of natural disaster, during periods of civil unrest, or following a declaration of war (therefore, in democratic countries many call this martial law, most with non-critical intent). Justitium is its equivalent in Roman law.

In some countries, the state of emergency and its effects on civil liberties and governmental procedure are regulated by the constitution, or a law that limits the powers that may be invoked during an emergency or rights suspended. It is also frequently illegal to modify the emergency law or Constitution during the emergency.

Though fairly uncommon in democracies, dictatorial regimes often declare a state of emergency that is prolonged indefinitely as long as the regime lasts. In some situations, martial law is also declared, allowing the military greater authority to act.

For State parties that are signatories to the International Covenant on Civil and Political Rights (ICCPR), Article 4 permits States to derogate from certain rights guaranteed by the ICCPR in "time of public emergency". Any measures derogating from obligations under the Convention, however, must only be to the extent required by the exigencies of the situation and must be announced by the State party to the Secretary-General of the United Nations.

Some political theorists, such as Carl Schmitt, have argued that the power to decide the initiation of the state of emergency defines sovereignty itself. In State of Exception (2005), Giorgio Agamben has criticized this idea, arguing how the mechanism of the state of emergency deprives certain people of their civil rights, producing his interpretation of homo sacer.

Text of Declaration by General Pervez Musharraf

In pursuance of deliberations and decisions of chiefs of staff of the Armed Forces and corps commanders of Pakistan Army, I General Pervez Musharraf, chairman joint chiefs of staff committee and chief of army staff, proclaim emergency throughout Pakistan and assume the office of the chief executive of the Islamic Republic of Pakistan.

I hereby order and proclaim as follows:

  • The constitution of the Islamic Republic of Pakistan shall remain in abeyance

  • The president of Pakistan shall continue in office

  • The National Assembly, the provincial assemblies and Senate shall stand suspended

  • The chairman and deputy chairman of the Senate, the speaker and deputy speaker of the National Assembly and the provincial assemblies shall stand suspended

  • The prime minister, the federal ministers, ministers of state, advisers to the prime minister, parliamentary secretaries, the provincial governors, the provincial chief ministers, the provincial ministers and the advisers to the chief ministers shall cease to hold office

  • The whole of Pakistan will come under the control of the Armed Forces of Pakistan.
This proclamation shall come into force at once and be deemed to have taken effect on the 12th day of October, 1999.

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Pakistan declares state of emergency

It took the army just 17 hours to seize power in Tuesday's coup Pakistan's military chief has named himself the country's leader, defying international pressure to restore democratic rule after the army toppled the civilian government.

Correspondents say that although the official announcement does not say it in so many words, for practical purposes this marks the declaration of martial law in Pakistan.
The declaration of a state of emergency came in the early hours of Friday morning. At the same time, General Pervez Musharraf assumed the position of the country's chief executive.

Within minutes of the announcement, fighter planes were heard flying over Islamabad.
But when morning broke there was little sign of any extra troop presence and life appeared to be going on as normal.

Later on Friday, a military spokesman said General Musharraf would make an address to the nation either late that night or on Saturday morning.
The spokesman, Brigadier Rashid Qureshi, said the speech would deal with the issues of stability, sincerity, transparency, accountability, good governance and consistency of policies.
The general would also talk about his plans for the future.
In one of their first acts, the military have frozen the accounts of Mr Sharif, other senior politicians, parliamentarians, political advisers and their spouses.
"The central bank has decided that temporarily all transactions in these accounts have been stopped until further order," one banking source was quoted as saying.

In his official announcement, General Musharraf said the National Assembly and all the provincial assemblies have been suspended, and the provincial governments and governors have been dismissed.
The constitution has been suspended and the Supreme Court has been banned from challenging the authority of General Musharraf.
The Provisional Constitution Order No.1 also makes it clear that President Rafiq Tarar is now subordinate to the general. The president is required to act on, and in accordance with, the advice of the chief executive.

General Musharraf's actions came despite repeated calls from the international community for a return to civilian rule. Ever since the military takeover on Tuesday, the army had maintained a stony silence about its plans for the future governance of Pakistan. However in the end it appears it was impossible for General Musharraf to come up with an alternative formula.

It seems the general feared that without imposing martial law he could have been accused of behaving illegally by overthrowing the democratic government of Mr Sharif.

The chief-of-staff had spent Thursday ensconced in talks with senior army commanders and political figures, including President Tarar. Troops sealed off the parliament building earlier on Thursday, throwing out office workers and a few legislators. Members of Mr Sharif's party had been reportedly planning to try to enter parliament to hold the scheduled session, in defiance of the army closure.

Pakistan's military leaders said on Thursday that they had staged the coup in order to prevent an attempt to assassinate General Musharraf. A military spokesman said the alleged conspiracy became apparent while the general was returning to Pakistan from a visit to Sri Lanka and as Mr Sharif was trying to sack him.

Brigadier Rashid Qureshi said the plot involved blocking the runway at Karachi airport and destroying the general's aircraft - a Pakistan International Airlines flight carrying more than 238 passengers, which was rapidly running out of fuel. He said the military became aware of what was happening and army units rushed to the airport to clear the runway so that the general's plane could land.

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