Legal Definitions - military government

A military government occurs when the armed forces, or individual members of those forces, take over and manage the essential functions of civilian governance within a country or a specific territory. This means the military assumes control over public administration, law enforcement, judicial systems, and other areas typically run by elected officials or civil servants.

This form of government can be established in different circumstances:

• It might be imposed by an occupying military force in a foreign territory during or after a conflict.
• It can arise internally within a nation, often following a coup d'état, during a civil war, or in response to severe internal unrest or a major emergency where civilian authorities are unable to function.

A key characteristic is that the decisions and directives issued by a military government typically override existing local laws and civilian authority.

Examples:

• Example 1: Post-Conflict Occupation

  After a swift military victory, Country A occupies a significant portion of Country B's territory. Instead of allowing Country B's existing civilian government to continue operating in the occupied zone, Country A's military commander establishes a temporary administration. This military administration takes over policing, manages essential utilities like water and electricity, and sets up military courts to handle legal disputes, effectively replacing the previous civilian authorities and their laws.

  This illustrates a military government because Country A's military forces have assumed comprehensive control over the public functions (policing, utilities, justice) in the occupied territory, with their directives superseding the local laws and civilian administration.

• Example 2: Internal Coup d'État

  Following widespread protests and a period of intense political instability, the army in Nation X stages a coup, dissolving the parliament and suspending the constitution. A council of senior military officers then declares itself the provisional government, issuing decrees, appointing military personnel to head various ministries, and enforcing new regulations through military patrols. All civilian courts are temporarily closed, and military tribunals are established to maintain order.

  This demonstrates a military government as the nation's own military forces have seized control of all governmental functions, replacing the civilian leadership and exercising authority through military command, effectively becoming the new governing body.

• Example 3: Emergency Response in a Specific Region

  A devastating natural disaster, such as a massive earthquake, cripples a particular province within a country. The civilian government, overwhelmed by the scale of destruction and the complete breakdown of public order, declares a state of emergency and empowers the regional military commander to take full control of all public services in the affected area. The military then manages emergency relief efforts, enforces curfews, distributes aid, and maintains security, temporarily overriding local civilian authorities and laws in that specific region.

  This shows a military government because the military forces have assumed comprehensive control over public functions in a specific region due to an extreme emergency, with their directives superseding local civilian governance and laws to restore order and provide essential services.