Kriegsrechts

Kriegsrechts, commonly written Kriegsrecht, refers to a legal regime in which military authorities assume control of the state or suspend ordinary civilian governance during armed conflict or serious internal disorder. Under martial law, normal constitutional protections and procedures may be curtailed, and measures such as curfews, censorship, and the operation of military courts can be implemented to restore order or security.

The authority to declare or implement martial law is typically grounded in a constitution or statute and may require a formal declaration, time limits, or legislative oversight. The regime is intended to be temporary and proportionate to the threat, but its exact scope varies by country. Even under martial law, most legal systems are expected to respect basic human rights and due process to the extent possible, particularly regarding humane treatment of civilians and restrictions on excessive or arbitrary force.

Kriegsrecht is distinct from international humanitarian law, which continues to govern conduct during armed conflict, including treatment of prisoners and protection of civilians. In practice, the use of martial law often prompts constitutional, political, and judicial scrutiny, and can be highly controversial due to potential abuses or erosion of civil liberties. The transition back to civilian governance typically follows the resolution of the crisis, with legal mechanisms to restore ordinary rights and oversight.