South Korea Martial Law

South Korea declared “emergency martial law” during a televised briefing.

Reasons for Declaration of Martial Law in South Korea

• Accusations Against Opposition
  • Anti-State Activities: The opposition has been accused of engaging in activities that threaten the democratic order of the nation.
• Government’s Pledge
  • Eradication of Pro-North Korean Forces: Commitment to eliminating forces perceived as sympathetic to North Korea.
  • Protection of Democracy: Vow to safeguard South Korea’s constitutional democratic order.

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About Martial Law

• It is defined as the state of emergency declared by the government.
  • Its main aim is to address unexpected threats and crises within the country. 
• Martial law replaces civilian government with military authority.
• The military gains unlimited powers to suspend civilian rights and legal protections.
• Declared during crises like emergencies, disasters, or coups.

Types of Martial Law Around the World

• Full Martial Law
  • The military takes complete control, suspends civil authorities, and overrides constitutional rights.
  • Example: In the Philippines (1972–1981), under Ferdinand Marcos, habeas corpus was suspended.
• Partial or Regional Martial Law
  • Declared in specific regions to address local conflicts or threats, while the rest of the country remains under normal governance.
  • Example: In Bangkok (2014), martial law was limited to certain areas during political unrest.
• Emergency Martial Law with Civil Oversight
  • Military powers operate under civilian authority or within a limited legal framework.
  • Example: South Korea briefly declared martial law, but the National Assembly retained the right to revoke it.
• Temporary Martial Law
  • Imposed for a short duration during acute emergencies like natural disasters or terrorist attacks.
  • Example: In the US, martial law was declared during the 1941 Pearl Harbor attack.
  • India’s Emergency period (1975) could be seen as a similar form of temporary martial law.
• Provisional Martial Law
  • Declared during a transitional period, often after a regime change or conflict.
  • Example: In post-Saddam Iraq (2004), martial law was enacted during the US-led occupation for stabilization.

Countries currently under martial law

• Ukraine:  Martial law was imposed in 2022 (feb) after the Russian invasion. 
  • Extensions: The measure has been extended ten times, which has delayed both the 2023 legislative and 2024 presidential elections because elections cannot be held during martial law.
• Myanmar: This country is under martial law in various regions after the military coup on February 1, 2021. 
  • Extended Martial Law: After 2023, martial law was extended to 50 townships, including major cities like Yangon and Mandalay.
• Ecuador: Martial law was declared in January 2024. 
  • Duration: This martial measure was for  60-day to counter escalating gang violence, deploying the military to stabilise the country.

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Martial Law in the Indian Constitution

Article 34: Overview

• Scope: Article 34 deals with martial law and its impact on rights granted by Part III of the Constitution.
• Parliament’s Authority: Allows Parliament to indemnify individuals for actions taken to maintain or restore order during martial law.
• Validation: Parliament can validate sentences, punishments, forfeitures, or other acts carried out under martial law.

Conditions for Indemnity

• Purpose: Actions must be related to maintaining or restoring order.
• Area: Martial law must be in effect in the area where the actions took place.

Key Features of Martial Law

• Impact on Fundamental Rights: Primarily affects the exercise of fundamental rights.
• Suspension of Government Functions: Normal government functions and ordinary courts are suspended.
• Limited Application: Applies only to specific areas of the country where martial law is declared.

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Differences Between Martial Law and National Emergency in India