Legal Definitions - absolute martial law

Absolute martial law is the most extreme form of martial law, where military authorities completely supersede and take over all functions of the civilian government. This means the military assumes legislative (law-making), executive (law-enforcing), and judicial (law-interpreting) powers, effectively suspending the constitution and civilian rule entirely. Individual rights and freedoms are typically severely curtailed or suspended under such a declaration.

Here are some examples to illustrate absolute martial law:

• Example 1: Post-Coup Government Takeover

  In the fictional nation of "Veridia," a military coup d'état successfully overthrows the elected government. The military junta immediately declares absolute martial law, dissolving the parliament, dismissing all civilian judges, and taking direct control of all government ministries. They begin issuing decrees that function as new laws, enforce these laws with military personnel, and establish military tribunals to try all offenses, effectively replacing the entire civilian legal and political system.

  This illustrates absolute martial law because the military has completely taken over all three branches of government—legislative (issuing decrees), executive (enforcing laws and controlling ministries), and judicial (military tribunals)—thereby suspending all civilian authority and constitutional protections.

• Example 2: Response to Catastrophic National Disaster

  Consider a scenario where a catastrophic earthquake devastates the island nation of "Atlantis," completely destroying its capital city, incapacitating the president and most of the cabinet, and rendering the civilian police and judicial systems non-functional. With no civilian government capable of operating, the highest-ranking military general declares absolute martial law across the entire nation. The military then assumes full control over emergency relief, law enforcement, resource allocation, and even the adjudication of disputes, operating as the sole governing body until a civilian government can be reconstituted.

  This demonstrates absolute martial law because the military has stepped in to perform all governmental functions—legislative (making rules for resource distribution), executive (enforcing order and relief efforts), and judicial (resolving disputes)—due to the complete incapacitation of the civilian government.

• Example 3: During a Full-Scale Foreign Invasion

  In the midst of a full-scale foreign invasion, the small nation of "Xylos" finds its civilian government in disarray and unable to effectively govern or defend the country. To prevent total collapse and coordinate a unified defense, the military high command declares absolute martial law. Under this declaration, all civilian laws are temporarily suspended, the military takes direct command of all public services, infrastructure, and communication, and military courts are established to handle all legal matters, including those previously under civilian jurisdiction.

  This is an instance of absolute martial law because the military has assumed complete and total control over all aspects of governance—legislative (suspending civilian laws), executive (commanding public services), and judicial (military courts)—effectively replacing the civilian government's authority during a critical national emergency.