What history says about martial law
Published: 09 Dec. 2024, 19:53
KIM SEUNG-JUNG
The author is a professor of archaeology at the University of Toronto.
On the night of Dec. 3, President Yoon Suk Yeol abruptly declared emergency martial law and martial law forces stormed into the National Assembly. The world is applauding the National Assembly and Korean citizens for uniting to defend democracy by swiftly and decisively passing a resolution to remove martial law.
However, letting this bizarre incident happen is a warning signal exposing political vulnerability. As I read a series of New York Times articles on “the turmoil in South Korea,” I saw a question that everyone North America is curious to know. Can martial law be suddenly declared in the United States? This is a question that people are concerned of ahead of Donald Trump’s second term.
Canada is a country that does not have martial law. The War Measures Act of Canada, passed in 1914, was a law that gave the federal government special powers during wartime. It was used three times in history, including during the two World Wars. However, in 1988, it was replaced by the Emergency Act. It is a completely different law from martial law that involves the military. Even in the case of the United States, the power of the president to declare military rule is not stipulated in the Constitution. However, each state government can declare martial law through judicial review in case of emergency.
The English term, martial law, is derived from Mars, the ancient Roman god of war. The origin of the law is rooted in the political system of the Roman Republic. It originates from the Senatus Consultum Ultimate, which transfers all powers to the magistrate in order to preserve the system of the republic in an emergency.
It was invoked 13 times in history, but at the end of the Republic, it was abused by politicians such as Pompey and Caesar, and eventually the Roman Republic fell. The conclusion of history is simple. The forces that invoked martial law for political purposes must collapse.
The author is a professor of archaeology at the University of Toronto.
On the night of Dec. 3, President Yoon Suk Yeol abruptly declared emergency martial law and martial law forces stormed into the National Assembly. The world is applauding the National Assembly and Korean citizens for uniting to defend democracy by swiftly and decisively passing a resolution to remove martial law.
However, letting this bizarre incident happen is a warning signal exposing political vulnerability. As I read a series of New York Times articles on “the turmoil in South Korea,” I saw a question that everyone North America is curious to know. Can martial law be suddenly declared in the United States? This is a question that people are concerned of ahead of Donald Trump’s second term.
Canada is a country that does not have martial law. The War Measures Act of Canada, passed in 1914, was a law that gave the federal government special powers during wartime. It was used three times in history, including during the two World Wars. However, in 1988, it was replaced by the Emergency Act. It is a completely different law from martial law that involves the military. Even in the case of the United States, the power of the president to declare military rule is not stipulated in the Constitution. However, each state government can declare martial law through judicial review in case of emergency.
The English term, martial law, is derived from Mars, the ancient Roman god of war. The origin of the law is rooted in the political system of the Roman Republic. It originates from the Senatus Consultum Ultimate, which transfers all powers to the magistrate in order to preserve the system of the republic in an emergency.
It was invoked 13 times in history, but at the end of the Republic, it was abused by politicians such as Pompey and Caesar, and eventually the Roman Republic fell. The conclusion of history is simple. The forces that invoked martial law for political purposes must collapse.
with the Korea JoongAng Daily
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