Legislation Details
- Full Title: Federal Law Concerning Martial Laws
- Law Type: Federal Law
- Law Number: [number] of 2009
- Issued Date: 06 Dec 2009
- Effective Date: 16 Dec 2009
- Official Gazette: No. 501
- Sector: Justice and Judiciary
- Status: Active
- Number of Articles: 52
- Chapters/Parts: 0
- Amendments: 1
Summary
This Federal Law regulates the declaration and enforcement of martial law in the United Arab Emirates. It outlines the circumstances under which martial law can be declared, the powers granted to the Executive Authority, the establishment of martial courts, and the procedures for arrest, investigation, and trial under martial law. The law aims to provide a legal framework for the UAE government to respond to emergencies and threats to national security. It is an important piece of legislation that grants the state broad powers during periods of crisis, and its provisions have practical implications for businesses and individuals in the UAE. (Federal Law Concerning Martial Laws, 2009)
What is the scope and purpose of this law?
The scope of this Federal Law is to regulate the declaration and enforcement of martial law in the United Arab Emirates. It applies nationwide and grants the UAE government extraordinary powers to respond to emergencies and threats to national security. The law outlines the specific circumstances under which martial law can be declared, including war, armed aggression, public unrest, disasters, and epidemics. Its purpose is to provide a legal framework for the state to temporarily suspend normal laws and procedures in order to maintain public security and order during times of crisis. (Federal Law Concerning Martial Laws, 2009, Art. 2)
What are the key definitions under this law?
The law provides the following key definitions:
- State: the United Arab Emirates
- President of State: President of the United Arab Emirates
- Armed Forces: The Armed Forces of the State
- Martial Law: A set of rules and extraordinary measures applied by the State under emergency conditions allowing it to temporarily disrupt all or some of the laws in force so as to ward off and dangers threatening the country
- Executive Authority: The body that shall undertake the responsibility of conducting the legislative, judicial and executive State matters upon declaration of the Martial Law
- Martial Courts: Temporary courts formed by order of the Executive Authority for considering any crimes committed during the application of Martial Law
(Federal Law Concerning Martial Laws, 2009, Art. 1)
What are the main obligations and requirements?
The main obligations and requirements under this law are: 1. All ministries, government departments, authorities, and federal and local public corporations and the private sector must implement all orders, instructions, and guidance issued by the Executive Authority, regardless of their normal competencies and duties. (Federal Law Concerning Martial Laws, 2009, Art. 3(2)) 2. The Executive Authority enforcing martial law must use the Armed Forces, Security and Police Authorities, or any other specified authority to execute its orders. (Federal Law Concerning Martial Laws, 2009, Art. 5(1)) 3. Every employee and individual must assist in the execution of the Executive Authority's orders within the limits of their capabilities. (Federal Law Concerning Martial Laws, 2009, Art. 5(4))
Which authorities or bodies are responsible for enforcement?
The key authorities and bodies responsible for enforcing martial law under this legislation are: 1. The President of the UAE, who declares martial law by federal decree after approval from the Supreme Council of the Federation. (Federal Law Concerning Martial Laws, 2009, Art. 3(1)) 2. The Executive Authority, which is granted broad powers to take emergency measures and issue orders during martial law. The Executive Authority can be a military or civilian body as specified in the declaration decree. (Federal Law Concerning Martial Laws, 2009, Arts. 3(1), 4) 3. The Supreme Council for National Security, which can recommend to the President that martial law measures be taken. (Federal Law Concerning Martial Laws, 2009, Art. 3(5)) 4. Martial courts, which are temporary courts formed by the Executive Authority to try crimes committed during martial law. (Federal Law Concerning Martial Laws, 2009, Art. 6)
What are the penalties for non-compliance?
The law does not specify any direct penalties for non-compliance with the orders and measures taken by the Executive Authority during martial law. However, Article 9(1) states that "Any person may be immediately arrested if he violates the instructions of the Executive Authority, or commits any of the crimes specified in the orders issued by it." (Federal Law Concerning Martial Laws, 2009, Art. 9(1)) The law also empowers the martial courts established under the legislation to try and punish crimes committed during the period of martial law, but the specific penalties are not detailed in the text. (Federal Law Concerning Martial Laws, 2009, Arts. 6-8)
When did this law come into effect?
This Federal Law Concerning Martial Laws came into effect on 16 December 2009, as per the Effective Date listed in the legislation details. It was published in Official Gazette No. 501 on 15 December 2009. (Federal Law Concerning Martial Laws, 2009) The law does not contain any transitional provisions, so its provisions would have applied immediately upon the effective date.
Source Documents
This article analyses Federal Law Concerning Martial Laws for legal research and educational purposes. For the purpose of interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text prevails. This does not constitute legal advice.