What is martial law? What happened in Seoul raises questions in the US

After a tense night of political unrest, South Korean President Yoon Suk Yeol lifted the martial law he declared only six hours earlier. Troops surrounded the grounds of Parliament overnight as the president accused anti-state forces of plotting to overthrow South Korea's democracy.

The crisis in South Korea, a U.S. ally and major Asian economy, has caused international alarm, with the United States expressing "grave concern" and calling for a peaceful resolution. The tense hours under martial law saw armed forces surrounding parliament, with lawmakers using fire extinguishers to hold off troops.

Stephan Haggard, Research Professor at UC San Diego, said there has been a longstanding dispute between the president and parliament, as you often see in any democracy, and Yoon "sort of snapped."

"He's just having a real difficulty with the National Assembly in the same way we do in the U.S. when you've got divided government. So he's the president, but the opposition party controls a majority of the legislature. So it's just been rough sledding, getting legislation through," he explained.

"Polarization is a feature of a number of the advanced industrial democracies, obviously in the U.S., but it's creeping into Korean politics, too. And you see this on both left and right where both sides of the political aisle just view the other as a profound security threat," Haggard added. "So some of the dynamics that are happening there are quite similar to what we see in the U.S."

The country's history of military intervention in civilian affairs makes such scenes a sensitive issue in its journey towards democracy.

So, what exactly is martial law?

While there is no universal definition, the term refers to a power that allows the military to take the place of the civilian government and exercise jurisdiction over civilians in a particular area. In short, the military is in charge.

When total martial law is in effect, the military commander of an area or country has unlimited authority to make and enforce laws, according to the Department of Justice. Further, martial law suspends all existing laws, as well as civil authority and the ordinary administration of justice.

Under martial law, the military can control every aspect of life, from seemingly simple parking zones and curbside trash removal to more complicated matters like making arrests and holding criminal trials. Military officers might replace police officers, and soldiers could take over key government operations.

Martial law is declared in situations where there is extreme danger to public safety, like during an invasion, widespread violence or when the government cannot function properly due to a natural disaster or civil unrest. It is usually intended to be a temporary measure and is often lifted when the emergency situation has been resolved.

You might be asking yourself, "Can it happen here?" and the answer is a resounding, "Yes." Federal and state officials have declared martial law at least 68 times over the course of U.S. history, according to the Brennan Center for Justice.

"Martial law has been declared nine times since World War II and, in five instances, was designed to counter resistance to Federal desegregation decrees in the South," the Justice Department noted.

Although the U.S. Constitution makes no specific provision for imposing martial law, nearly every state has a constitutional provision authorizing the government to declare martial law, the Justice Department said, adding that a military commander's authority under martial law is "virtually unlimited."

While the political crisis in South Korea has raised concerns about the impact on the U.S. alliance and beyond, Haggard said he thinks Yoon will likely be impeached and this situation will "pass pretty quickly."

"The Biden administration has been very cautious. It said we're watching this situation. We expect rule of law to be followed. But there is going to be a period of distraction in South Korea because it's going to be completely preoccupied with this event, managing this event and the impeachment process," he said. "So I see it more as an issue of distraction than anything more fundamental."

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