What is martial law?

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Martial law is the replacement of civilian government by military rule and the suspension of civilian legal processes for military powers. Martial law can continue for a specified amount of time, or indefinitely, and standard civil liberties may be suspended for as long as martial law continues. Most often, martial law is declared in times of war and/or emergencies such as civil unrest and natural disasters. Alternatively, martial law may be declared in instances of military coups d'état.

Despite the fact that it has been declared frequently throughout history, martial law is still often described as largely elusive as a legal entity. References to martial law date back to 1628 England, when Sir Matthew Hale described martial law as, "no Law, but something indulged rather than allowed as a Law." Despite being centuries old, this quote remains true in many countries around the world today. Most often, the implementation of martial law arises from necessity rather than legal right, and while some countries have provisions explicitly permitting the use of martial law, many do not. For countries that do not explicitly permit the declaration of martial law, but where martial law has been declared, the legal justification for it is often the common law doctrine of necessity, or some variation of it.

One legal theory most frequently associated with martial law is the common law doctrine of necessity. While many countries, the United States for example, do not have the explicit constitutional right to declare martial law, scholars often interpret the law of the United States to allow for the implementation of martial law in times of necessity. Countries such as Pakistan have famously implemented this rationale as well.