Martial law may be defined as a temporary rule by military authorities on a
civilian
population when the civil authority is unable to preserve public safety.
The authority to declare and impose martial law may be derived from the
constitution, in which case the constitution will still be in place when martial
law is
declared.
In our case there is no provision in the constitution for the declaration and
imposition of martial law, hence the military authorities, amongst other reasons
have found it fit to set aside the constitution in its quest to restore public
safety
and law and order.
Once martial law has been declared, the military authorities have set up a
military
council and are now ruling by decree. Martial law gives the military authorities
the
powers to restrict the rights of individual and other arms of government when
pursuing its aim of returning the country to normalcy at the earliest possible
time.
The authorities have decided that no military tribunal shall be set up specifically
to try civilians during this crisis. The police have been allowed to continue
their
normal law enforcement duties and investigations, the judiciary has not been
tampered with and the bureaucracy has been allowed to continue with the
occasional guidance from the military authorities.
The form of martial law currently adopted in Fiji has been modified to suit
and
accommodate the unique socio-political and cultural system that is intrinsic
to our
beloved country.
Martial law is not to be confused with military law; military law being the
body of
law that governs the administration of military discipline in an armed force.
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last revision June 15, 2000