Professor of Law Emeritus William Banks provided Newsweek with background on Martial Law in the wake of South Korea’s President Yoon Suk Yeol declaring “emergency martial law” on December 3.
“Historically, martial law has been invoked when the national government is unable to enforce the laws in society. In effect martial law places the nation’s military in charge, and the rules that might be put in place are subject only to the commanders’ discretion,” says Banks. “Martial law has only rarely been invoked in the United States, as it is viewed as an extreme measure for the most turbulent times. In the 18th century English legal scholar Blackstone wrote that martial law is in “reality no law, but something indulge rather than allowed as law.”