State of siege
The state of siege (also siege state ) is a state of emergency imposed by the government of a state or part of a country for a place or a spatially limited district, during which the military authorities are granted extended powers also in civil matters. He is among the freedom-limiting exemptions of martial law (see. Special courts , martial law ) and includes the restriction of the fundamental rights of the affected civilian population one. The effects are particularly noticeable in the administration of justice ; they can go to the temporary suspension of the civil courts and the subordination of all residents to military jurisdiction . The state of siege occurs during a war in fortresses when there is a likelihood of an enemy attack (classic example of a siege ), but can also be imposed in other cities or provinces or in larger areas affected by acts of war. It is sometimes ordered in peacetime in the event of unrest or when an uprising breaks out.
In most European states, laws were passed early on which determined the conditions, forms and effects of the state of siege. This first happened in France during the Revolution (19th Fructidor V).
For Prussia , this happened through the law of June 4, 1851, which, in accordance with the Imperial Constitution, Art. 68, was an Imperial Law until the beginning of the 20th century, except in Bavaria . Only the emperor could then impose a state of siege on any part of the country, but only if public safety was threatened. The military personnel were subject to the law of war during the state of siege. Martial courts were also established, which consisted of five members: two judges and three officers . Before the court martial, the crimes of high treason and treason , murder , riot , physical resistance, the destruction of railways and telegraphs , the liberation of prisoners , mutiny , robbery , looting , extortion , and the seduction of soldiers belonged to the court Infidelity. The summary proceedings before these courts were oral and public. There was no appeal against the judgments. Death sentences were subject to confirmation by the commandant , in peacetime by the commanding general . The sentence was carried out 24 hours after the verdict was announced or after the confirmation of the death sentence was announced. If this had not yet happened at the time the state of siege was lifted, the punishment was converted into the ordinary punishment by the ordinary court.
In Germany, the so-called minor state of siege was imposed on several cities on the basis of the Socialist Act of October 21, 1878, in which the authorities feared "publicly dangerous conditions" due to agitation by the labor movement .
literature
- Karam Khella: The state of siege: Iraq as an example . Theory and Practice Publication, 1998, ISBN 978-3-921866-78-8 .