I will never forget the moment I had previously asked myself this question:
“What happens to prisoners under war law?”
It was the middle of 2020 at the top of global turmoil. Protests, epidemics and political tension reached boiling points in many countries. A friend of mine, whose brother served time in a state reform facility, called me in panic. He had heard whispers online on war law. As soon as he asked, trembling his voice, “Will my brother be safe? Will they let everyone go out? Or worse, will he be forgotten?”
That conversation sent me down a rabbit hole. I realized that it wasn’t just abstract curiosity, it was a real fear of many families. And yet it was not very clear, reliable information.
Therefore, if you have found yourself surprised by the same thing, whether it is of curiosity, anxiety for a dear, or even as a writer for a story, this article is for you.
With clarity and compassion, unpack what happens to prisoners during martial law, and what we can learn from history, law and human experience.
What Is Martial Law, Really? (And Why Does It Matter to Inmates?)
Before we dive into prison gates and locked cells, let’s first get on the same page about what martial law actually is.
Martial law is when a country’s military takes control over normal civilian functions, usually during emergencies like war, rebellion, or natural disasters. Civilian courts may be suspended, military tribunals might take over, and constitutional rights can be limited or paused.
In short: it’s not a normal day in the justice system.
And if you’re already behind bars? The shift can feel even more drastic.
Who Controls the Prisons During Martial Law?
Here’s where things get interesting, and a bit murky.
Under normal circumstances, prisons are managed by the Department of Corrections (or its equivalent), under civilian government authority. But during martial law, military forces may take over, especially if the government deems it necessary for “national security.”
Imagine a prison warden waking up to find a group of soldiers at his gates, saying, “We’re in charge now.”
This has happened in history, in places like:
- The Philippines (1972) – When Ferdinand Marcos declared martial law, military officers were placed in charge of civilian institutions, including prisons.
- Egypt (2011) – During the Arab Spring, reports surfaced of military tribunals sentencing civilians (and prisoners) without due process.
- World War II (USA) – Japanese-Americans, including those detained, were held in internment camps under military authority.
So yes, control of prisons can shift, and this can change everything from daily routines to legal rights.
Inmate Rights During Martial Law: Do They Still Exist?
This is where things get complicated, and controversial.
Under international law, especially the Geneva Conventions and UN guidelines, rights do not vanish just because martial law is declared. Inmates are still entitled to:
- Humane treatment
- Food, water, and medical care
- Protection from torture or abuse
- Due process (though this can vary)
However, in practice? Rights can be ignored or bent.
During martial law, civil liberties, including inmate rights, are often severely restricted, or suspended altogether. The extent depends on the country’s legal framework. For instance:
- In the United States, the Constitution still applies, but the Posse Comitatus Act limits military involvement in civilian law enforcement, unless overridden by Congress or the President.
- In authoritarian regimes, martial law can be used as a cover to suppress dissent, including silencing or mistreating prisoners.
So while “inmate rights during martial law” exist on paper, they often get tested in reality.
Do Inmates Get Released During Martial Law?
This is the million-dollar question.
The short answer? Rarely, but it’s possible.
It depends on the government’s motives and the nature of the crisis.
Examples Where Inmates Were Released:
- Philippines (1980s): Some political prisoners were released due to international pressure.
- Ukraine (2022): When Russia invaded, some prisoners with military experience were offered freedom if they joined the fight.
Examples Where Inmates Were Not Released:
- USA (Hurricane Katrina, 2005): Prisoners in New Orleans were left in flooded cells for days.
- Iran (2020): During protests, many inmates were detained longer or tortured under martial law-like conditions.
In general, violent offenders or political prisoners are unlikely to be released, unless it serves a larger purpose, like boosting military ranks or appeasing international observers.
Prison Conditions Under Martial Law: What Changes?
Okay, Let’s talk about day-to-day life inside the walls.
Martial law doesn’t just change laws, it changes atmosphere.
Conditions Often Get Worse
- Food shortages
- Delayed medical treatment
- Limited visitation rights
- Communication blackouts
- Military-style discipline
I spoke with an ex-inmate from a South American country (who preferred to stay anonymous).
He said, “Once martial law was declared, we were treated like enemies of the state, not just criminals. The guards became more aggressive. No one knew what was legal anymore.”
It’s a chilling reality, where confusion breeds abuse.
Civil Liberties During Martial Law: Who Gets Protected?
It’s not just inmates who suffer during martial law. Everyone’s rights can be affected, but inmates are among the most vulnerable.
Why? Because they are already isolated. They can’t march, protest, or post online. They rely entirely on the system that now sees them as expendable.
Civil liberties during martial law, like freedom of speech, right to a fair trial, or protection from unlawful detention, often vanish first in the prison system.
Think of it this way: when society is on fire, prisons are the smoke-filled basements. Few look down. Fewer care.
Personal Reflection: Why This Matters (Even If You’re Not In Prison)
It’s easy to dismiss this topic as a niche concern. But the truth is, how a society treats its prisoners during a crisis reveals its moral compass.
I remember visiting a local jail as part of a college criminal justice program. The warden told us, “These aren’t monsters. They’re people, and one day, most will return to your neighborhoods.”
That stuck with me.
If martial law were declared tomorrow, would we uphold justice for all, or only for the free?
What Happens to Prisoners During Martial Law? A Summary
Let’s wrap this up with a quick recap of what we’ve learned:
| Aspect | What Happens During Martial Law |
| Control of Prisons | May shift from civilian to military authority |
| Legal Rights | Often restricted or suspended, depending on the country’s laws |
| Daily Conditions | Typically worsen, less food, medical care, stricter rules |
| Releases | Rare, but possible in strategic or humanitarian scenarios |
| Civil Liberties | Greatly reduced; inmates are among the least protected |
FAQs
Q. Do inmates lose all their rights during martial law?
Not entirely. International law still protects basic human rights like humane treatment and medical care. However, many civil liberties, like the right to a fair trial, can be suspended or delayed depending on the country and the severity of the crisis.
Q. Can prisoners be released if martial law is declared?
Yes, but it’s rare. Some governments may release prisoners (especially low-risk or political detainees) for strategic reasons, like calming public tension or recruiting soldiers. Most inmates, especially violent offenders, are usually not released.
Q. Has martial law ever affected prisons in the U.S.?
While full-scale martial law is rare in the U.S., emergency powers have been used during events like Hurricane Katrina and WWII. During those times, prison conditions worsened, and some civil liberties were restricted, but mass military control of prisons did not occur.
Q. Who oversees the treatment of inmates during martial law?
Ideally, oversight should come from international bodies like the International Committee of the Red Cross (ICRC) or United Nations Human Rights Council, but access is often limited. In many cases, military command structures take over, and transparency diminishes.
Final Thoughts
If you have made it this far, thank you.
This topic isn’t easy. It forces us to think about the fragility of justice, especially when society is under strain. But by asking tough questions, like “what happens to inmates during martial law?”, we stay informed, empathetic, and ready to protect the rights of all humans, even the ones behind bars.
And if you’re someone who knows a person in prison? Keep asking questions. Keep showing up. Because in times of martial law, silence can be the most dangerous sentence of all.
Additional Resources
If you want to learn more or verify what you’ve read, here are some reputable sources:
