Foreign Correspondence

[otraque]

IN THE UNITED STATES, NO DECLARATION OF MARTIAL LAW IS NECESSARY. IT IS CUSTOMARY FOR THE PRESIDENT, A GOVERNOR, OR A MILITARY COMMANDER TO PUBLISH A PROCLAMATION TO INFORM THE PEOPLE.

Code of Federal Regulations Title 32, Chapter V, Part 501, Sec. 501.4.(edit:attached below--welles)

"Martial Law depends for its justification upon public necessity. Necessity gives rise to its creation; necessity justifies its exercise; and necessity limits its duration."

"In most instances the decision to impose martial law is made by the President, who normally announces his decision by proclamation, which usually contains his instructions concerning its exercise and any limitations thereon."

When the Federal Armed Forces have been committed, "the population of the affected area will be informed of the rules of conduct and other restrictive measures the military is authorized to enforce. These will normally be announced by proclamation or order . . ."

"Federal Armed Forces ordinarily will exercise police powers . . ."

Sec 501.1 (e) "Units and members of the Army Reserve on active duty may be employed in civil disturbances operations in the same manner as active forces."

Sec. 501.3 (a) "In the enforcement of the laws, Federal Armed Forces are employed as a part of the military power of the United States and act under the orders of the President as Commander in Chief."

Code of Federal Regulations]
[Title 32, Volume 3]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR501.4]

[Page 8-9]

TITLE 32--NATIONAL DEFENSE

CHAPTER V--DEPARTMENT OF THE ARMY

PART 501--EMPLOYMENT OF TROOPS IN AID OF CIVIL AUTHORITIES--Table of Contents

Sec. 501.4 Martial law.

It is unlikely that situations requiring the commitment of Federal
Armed Forces will necessitate the declaration of martial law. When
Federal Armed Forces are committed in the event of civil disturbances,
their proper role is to support, not supplant, civil authority. Martial
law depends for its justification upon public necessity. Necessity gives
rise to its creation; necessity justifies its exercise; and necessity
limits its duration. The extent of the military force used and the
actual measures taken, consequently, will depend upon the actual threat
to order and public safety which exists at the time. In most instances
the decision to impose martial law is made by the President, who
normally announces his decision by a proclamation, which usually
contains his instructions concerning its exercise and any limitations
thereon. However, the decision to impose martial law may be made by the
local commander on the spot, if the circumstances demand immediate
action, and time and available communications facilities do not permit
obtaining prior approval from higher authority (Sec. 501.2). Whether or
not a proclamation exists, it is incumbent upon commanders concerned to
weigh every proposed action against the threat to public order and
safety it is designed to meet, in order that the necessity therefor may
be ascertained. When Federal Armed Forces have been committed in an
objective area in a martial law situation, the population of the
affected area will be informed of the rules of conduct and other
restrictive measures the military is authorized to enforce. These will
normally be announced by

[[Page 9]]

proclamation or order and will be given the widest possible publicity by
all available media. Federal Armed Forces ordinarily will exercise
police powers previously inoperative in the affected area, restore and
maintain order, insure the essential mechanics of distribution,
transportation, and communication, and initiate necessary relief
measures.


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