Thailand: What the martial law entails

[millwall_fan]

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The OP details what martial law entails very well.

I would like to see more TV posts discussing the legal contortions involved declaring this particular state of martial law.

How did they do it, and on who's authority, legally?

What is the legal framework used to get a state of martial law declared?

Obviously, the situation in Thailand is quite unique. Most developed countries would have the government inform the military that martial law has been declared and instruct them to carry out their duties as required by law. What's the deal here?

Isn't this really a coup? (If it walks like a duck?)

Their authority is through the guns they carry. They have rarely fired them at any foreign enemy but have turned them on their own people several times in the past 30 years

Please see Section 188 of the current Constitution which gives the military the right to impose martial law.


David in Phuket

This would be the constitution that was drawn up when they were last in power in 2007, would it?

[teddysbuttons]

The army declared martial law without consultation with the civilian government. A total breach of a very fundamental democratic principle (civilian control of the government) as far as I know.

Sometimes I feel bad that I hope for a foreign intervention on my own country.

The way I read the Constitution, it states the Army doesn't need permission from anyone to declare Martial Law. But the King has to give an order for Martial Law to end.

Is this right?

[dominique355]

Please see Section 188 of the current Constitution which gives the military the right to impose martial law.

David in Phuket

Section 188. The King has the prerogative to declare and lift the martial law in accordance with the conditions and manner under the Martial Law.

In the case where it is necessary to declare the martial law in a certain locality as a matter of urgency, the military authority may do so under the Martial Law.

Looks like 2 restrictions are imposed by the Constitution on the declaration of Martial Law by the military:

- it is necessary

That is of course open to interpretation but it seems clear that there must be some sort of emergency.

- in a certain locality

that means in my view, not in the whole country. ML must be restricted to certain areas.

Both requirement are not met by the military. Can they be sued?

[Thakkar]

Phew! For a while there I thought they'd imposed marital law and that I would be forced to marry all the ladies I'd been having extra marital affairs with!

T

[binjalin]

they just shut down 10 TV stations... thankfully not the BBC which can always be relied upon for impartial reporting

[Naam]

The OP details what martial law entails very well.

I would like to see more TV posts discussing the legal contortions involved declaring this particular state of martial law.

How did they do it, and on who's authority, legally?

What is the legal framework used to get a state of martial law declared?

Obviously, the situation in Thailand is quite unique. Most developed countries would have the government inform the military that martial law has been declared and instruct them to carry out their duties as required by law. What's the deal here?

Isn't this really a coup? (If it walks like a duck?)

you really must be joking!

[binjalin]

So prbkk if you are right and the government stays in office what's happens to suteps vow that if the government hasn't fallen by the 27th that he will surrender to the police?

What are the odds of that happening?

he says

'I talked to the fake monk and he Blessed me and asked me to stay as a service to the country'

AND

'The Army have asked me to stay and help build the dictatorship whoops I mean the government as a service to the country'

I feel I have no choice but to serve da people! (and myself)

[Utley]

Very strange timing for the army to enforce martial law.

The talks are deadlocked but they have been for months now so I wonder why now?

Maybe suteps threat for his last final push to get a million on the streets which was just another hollow threat however the reds reaction of heading to bangkok might have swayed them to act but why now?

Quite clearly the bias is once again been shown by the army shutting the red tv channel while the yellow channels are free to operate .

The reaction from the reds is going to be interesting as sutep has been allowed free reign in bangkok for 6 months now and all his allies or what he thought were allies in the end did not back so it upped the ante once again.

I don't know why the military moved now as I don't see what's going to achieve in the long run instead of making a bad situation worse.

The people of Thailand once again see democracy hijacked.!

My guess is that the behind the scenes the power brokers are playing out the third act; the script of which you and I and most Thais are unaware. BTW - the army probably has a commanding seat at the power broker's table and may very well be the ones directing the play.

[Scamper]

It is remarkable the sense of control Prayuth has already achieved. It's hard to imagine this working any more smoothly. For those who feel that the Pheu Thai administration is fully in control have a very odd way of defining it. This move by the military comes one day after Niwattumrong informed the Senate yesterday he would not step down. He was not notified of the military's action. CAPO - the organization that has always worked at the behest of Pheu Thai - and the agency that many ludicrously maintained would prop up the administration - has been relieved. Some other agencies that have tended to lean towards Pheu Thai have also been relieved. Jatuporn's rally has been completely surrounded and contained. All the obstructions and resistance Pheu Thai was erecting against the Senate, the Constitutional Court, the NACC, and the PDRC - have all been removed. Very likely, the Senate will proceed with that they have been quietly working on - the appointment of a prime minister and cabinet. And contrary to the belief of many, the Senate will indeed find someone who is acceptable to both Pheu Thai and the Democratic party. What moves the Senate towards this first and foremost is the belief that this country - but really any country - cannot function indefinitely without a fully functioning prime minister and cabinet. Likely, they will have limited powers, and will provide the kind of climate where truly genuine discussions can take place among all the parties towards a blueprint for reform. It is as hopeful a climate as one could have hoped, and it will require the interest and participation of all Thais.

[warriorbangkok]

This is VERY serious. Pandora's Box has officially been opened.

Take heed of the "searches" part of the list - your premises are now the property of the military.

Prepare yourselves - the knock may come on your door soon.

[Naam]

Please see Section 188 of the current Constitution which gives the military the right to impose martial law.

David in Phuket

Section 188. The King has the prerogative to declare and lift the martial law in accordance with the conditions and manner under the Martial Law.

In the case where it is necessary to declare the martial law in a certain locality as a matter of urgency, the military authority may do so under the Martial Law.

Looks like 2 restrictions are imposed by the Constitution on the declaration of Martial Law by the military:

- it is necessary

That is of course open to interpretation but it seems clear that there must be some sort of emergency.

- in a certain locality

that means in my view, not in the whole country. ML must be restricted to certain areas.

Both requirement are not met by the military. Can they be sued?

of course they can be sued. suit must be filed at the Supreme Sharia Court of Absurdistan

[johnlandy]

The army is out of patience after waiting over six months for Suthep's victory. But Army or Suthep dosen't matter, both dictators.

And you thing that the Shinawatra clan is lily white (and are not dictators) 'c'mon' you gotta be joking

[dontejo]

. . . destroy, remove or adjust any premise or location for the purpose of military operations . . . hope my house isn't in their line of fire . . .

Don't worry, for your house they are going to use drones. (LOL)

[ginjag]

You guys will either soften or fade, your choices are getting thinner. I laughed at some of the PTP MPs with super glue on their trousers.

"You guys will either soften or fade, your choices are getting thinner."

I hadn't know posters were the issue or the focus in all that's been happening in Thailand.

The conversation had in fact been going well in respect of the army's actions today, so your presumptuous lecture and warning is inconsistent with the trend of the postings and the observations of posters. A Mod had already spoken to the point. Why do you feel the need to brandish arrogant threats generally to the threads? Who had spoken out of line - that is, as far as your presumptuous self might be concerned.

You are the one thumping his way through the threads.

The military ruling council has been calm and low key and so have the TVF posters been calm and low key. Your threats are unnecessary and in fact are provocative. You anyway are posting to the posters rather than discussing the issues. You might want to mend that tear in your already too tight britches.

Posters are not the issue, but note you haven't done so bad at banging all that criticized the PTP.

For all the slagging off and telling me I am arrogant because I kept repeating to your clan that the government were acting against the law.

Everytime one of the pro members ranted on about Suthep I asked them to provide me with a list of mega achievements over 3 years from the PTP. NEVER did this happen all slimed off to another thread. and still haven't got the list Ha.

I for one say the army had no choice, as the police were out the picture.

[whiteman]

The sky is falling head for the hills with all your little young brown vixans

[lomatopo]

Section 188. The King has the prerogative to declare and lift the martial law in accordance with the conditions and manner under the Martial Law. In the case where it is necessary to declare the martial law in a certain locality as a matter of urgency, the military authority may do so under the Martial Law.

Obviously this is a translation, so not sure what the intent here is re: "(the) military authority", and if a "certain locality" can encompass the entire Kingdom?

[Just1Voice]

Well, one thing about this is that it will give Suthep a face saving "out". Now he can claim that because of martial law, his "millions" of supporters were unable to gather this week. lol

[nev]

"The people of Thailand once again see demroracy hijacked.!" by The stuttering parrot.

The people of Thailand wouldn't recognise democracy if it slapped them on the face.

This martial law declaration is a joke as it is going to be applied one-sidedly and locally. It actually is already.

They have the best democracy money can buy.

No America has the best democracy money can buy i have read the book.

As for the army moving in it is about bloody time.

[Arjay]

Very strange timing for the army to enforce martial law.

The talks are deadlocked but they have been for months now so I wonder why now?

Maybe suteps threat for his last final push to get a million on the streets which was just another hollow threat however the reds reaction of heading to bangkok might have swayed them to act but why now?

Quite clearly the bias is once again been shown by the army shutting the red tv channel while the yellow channels are free to operate .

The reaction from the reds is going to be interesting as sutep has been allowed free reign in bangkok for 6 months now and all his allies or what he thought were allies in the end did not back so it upped the ante once again.

I don't know why the military moved now as I don't see what's going to achieve in the long run instead of making a bad situation worse.

The people of Thailand once again see demroracy hijacked.!

What do you expect? The Royal Thai Army is a "ROYALIST" organization they apparently acted when war weapons were allegedly discovered in a vehicle belonging to a "red"MP in Bangkok.

[spermwhale]

The key words that they won't enforce:

- Prohibit public gatherings, publications, broadcasting, transport,

Suthep has already threatened to take the government over and install a PM. They need to shut this bombastic fool down and disperse his protests with the same force as they did the red shirts.

[noodle]

 

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What democracy, the only democracy in Thailand is Thai democracy, far remove from democracy

Please name a country as an example of what you perceive to be democracy, other than Switzerland.

[SICHONSTEVE]

Very strange timing for the army to enforce martial law.

The talks are deadlocked but they have been for months now so I wonder why now?

Someone elsewhere spoke of rumours of another momentous event that sparked this.. I hope not.

If its the government stepping down - I HOPE SO!!!

What a brilliant day!! Abu Hamza has been found guilty in America and faces a life sentence!!

[empireboy]

There can be little confidence in any military intervention. Only time will reveal the true motives here...

[Jimbolai]

Martial Law. Law by military (militant) force. Isn't that exactly what they said they would not do just a short while ago?

[SABloke]

Very strange timing for the army to enforce martial law.

The talks are deadlocked but they have been for months now so I wonder why now?

Someone elsewhere spoke of rumours of another momentous event that sparked this.. I hope not.

If its the government stepping down - I HOPE SO!!!

What a brilliant day!! Abu Hamza has been found guilty in America and faces a life sentence!!

Nope...guess again. It's an event that will change Thailand in too many ways to count.

[Jimbolai]

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The OP details what martial law entails very well.

I would like to see more TV posts discussing the legal contortions involved declaring this particular state of martial law.

How did they do it, and on who's authority, legally?

What is the legal framework used to get a state of martial law declared?

Obviously, the situation in Thailand is quite unique. Most developed countries would have the government inform the military that martial law has been declared and instruct them to carry out their duties as required by law. What's the deal here?

Isn't this really a coup? (If it walks like a duck?)

its a coup.

[Old Man River]

No demonstations no protests and round up the ring leaders

Sent from my iPhone using Thaivisa Connect Thailand mobile app

This is within their authority. It doesn't mean they have initiated it.

Sent from my iPad using Thaivisa Connect Thailand

[Zolt]

hmmm...first martial law, then probably a new PM appointed by the Senate...this is all playing out nicely and more or less as expected.

In fact, it means no such thing. The govt remains in office even in the context of martial law. This simply removes from the streets the groups in conflict.

The day is young,

[KOZMO]

This martial law is very convenient for Suthep, It means he will stop protesting and will not report himself later on this month at police, not that he had any intention doing so from the start.

The saga continues.

Martial law is great!!! Since 1970 i have been in and out of Thailand during Martial law. Is great to get off the plane and see the empty steets of Bangkok and just pass thru a checkpoint on the way to my hotel.

Both sides are restricted by martial law so quit trying to say it is against the poor Red shirts!!!! Besides, the Red shirts need to be reeled in now!!! not let loose like they did in 2010!!!!!

[Nobbie49]

What? No ban on booze?