Federal Law No. (11) of 2009 Concerning Martial Laws (justice and juiciary law)

Article (1) 
The following words and phrases shall have the meanings respectively assigned next 
thereto, unless the context otherwise requires:  
State  : the United Arab Emirates .  
Federal Law No. (11) of 2009  Concerning Martial Laws  2 
 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 so me 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 a s determined by the Federal Decree on the 
Declaration of Martial Law.  
Martial Courts  : Temporary cou rts formed by order of the Executive Authority for 
considering any crimes committed during the application of 
Martial Law, and which shall be of two types (Martial Courts for 
Misdemeanor and Martial Courts for Felonies).  
  
Chapter Two  
Declaration of Marti al Law and its Procedures

Article (2) 
Martial Law may be declared in the cases of necessity as follows:  
1. Exposure of the State's public security or an area thereof to danger, because of war or 
armed aggression, or in cases of the emergence of a State of affairs that heralds their 
occurrence, or the occupation of any part of the State's territories.  
2. Occurrence of turmoil at home or abroad whic h would probably extend into the State or 
impact the security, economic, and political situations in the State massively.  
3. Occurrence of public disasters or rampant epidemic.  
4. The desire to secure the Armed Forces of the State, secure its supplies,  and protect its 
roads and transportation means and any other means related to its activities and military 
operations inside or outside the State.  
   
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Article (3) 
1. Martial Law shall be declared according to a federal decree issued after the approval 
of the  Supreme Council of the Federation, in response to a suggestion by the 
President of the State, and approval of the Federation Cabinet, in the cases of 
necessity mentioned in the previous article, and this decree shall be submitted to the 
Federal National Council at its first meeting, and shall contain the following : 
a. Statement of the case of necessity which led to declaring the Martial Law . 
b. The area or areas covered by Martial Law . 
c. Date of starting the application of Martial Law.  
d. Statement of the Executive Authority which shall undertake the execution of 
the emergency powers contained in the decree, and this Authority can be 
military or civil.  
2. Ministries, Government Departments, Authorities, and Federal and Local Public 
Corporat ions and Private Sector shall implement all orders, instructions, and 
guidance issued by the Executive Authority, regardless of the competences, tasks, and duties entrusted to it or the activities that it performs, in accordance with the 
provisions of Arti cle (5/4) of this Law.  
3. All matters related to managing the State affairs shall be subject to the discretion of 
the Executive Authority which may disrupt all or some of the laws, regulations, and 
local and civil federal agencies; but may not disrupt the meetings of Federal National 
Council or impair the immunity of its members during the application of Martial Law 
in accordance with the provisions of the Constitution.  
4. Martial law shall be lifted according to a decree issued by the President of the Stat e 
according to the same measures of declaring it, when the necessity for the 
declaration thereof is over; and in all cases the term of applying Martial Law shall not 
exceed six months or the end of the circumstances that necessitated the declaration, 
which ever is less. In the event of persistence of the circumstances which necessitated 
the declaration of Martial Law, this term may be renewed for other similar terms, and 
in this case, the application of Martial Law shall be made according to a federal 
decree.   
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 5. The Supreme Council for National Security may submit to the State’s President a 
recommendation to take measures declaring martial laws as stipulated in this Law  
  
Chapter Three  
Measures and Orders of the Executive Authority Enforcing Martial Law

Article (4) 
The Executive Authority enforcing the Martial Law may take, by declaration or by written orders, all or some of the following measures:  
1. Imposition of restrictions on the individuals freedom as concerning assembly, travel, residence, and passing by certain public places or at certain times; arresting any suspected people or those who threaten public security and order; and sanctioning 
inspection of people, places and means of transportation at any time by day or night, 
without applying any p rovisions or procedures except those contained in the orders 
issued by the Executive Authority.  
2. Preventing any gathering, demonstration, sit -in, meeting, or general strike, which may be 
also be dispersed using the appropriate force if necessity so req uires.  
3. Stopping the activity of any club, association, body, organization, center, or community which has an adverse effect on the public security or order, or imposing restrictions on it.  
4. Imposition of censorship on newspapers, publications, leaflets, drawings, and all means of expression, propagation, and advertising prior to their publication; closing the printing 
premises thereof; and seizure and confiscation of the materials that incite s to disorder or 
breaching the public security and order.  
5. Imposition of censorship on parcels, mails, telegrams, and telephone communications, including communications via the Worldwide Web (the Internet), the domestic 
(Intranet), or any other means o f communication.  
6. Determining the times of opening or closing for the public stores, or ordering the closure 
of some or all of them.  
7. Determining the prices of goods, and preventing monopoly.  
8. Withdrawal of import and export licenses of arms, ammunition, explosives; as well as 
the licenses of holding or possession thereof, or ordering the seizure thereof, whenever  
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 they are, and closing their warehouses.  
9. Banishment of non -citizens whose presence is b elieved to threaten the State's security or 
detaining them in a safe place if setting them free can lead to breaching the public 
security and order.  
10. Evacuation or isolation of some areas, and organizing, identifying and restricting the 
means of transportation leading thereto.  
11. Temporary seizure of the means of transport or of any facility, institution, company, 
store, building, or movable item, taking into account maintaining the owners' right to an 
appropriate compensation.  
12. Preventing p eople from doing certain actions, or assigning them to perform certain ones, 
while maintaining their right to appropriate compensation or remuneration.  
13. Imposition of any measures which the Executive Authority deems appropriate to maintain the public  security and order.

Article (5) 
1. The Armed Forces and the Security and Police Authorities or any other authority specified by the Executive Authority shall undertake the execution of orders issued by 
the latter.  
2. Those in charge of the execution of the orders of the Executive Authority shall have the 
capacity of Judicial Officers.  
3. Those in charge of the execution of orders of the Executive Authority shall use the 
appropriate force if necessity so requires.  
4. Every employee, within the limits of his powers and everyone else within the limits of his capabilities shall assist in the execution of those orders.  
  
Chapter Four  
Martial Courts

Article (6) 
The Executive Authority may form Martial Courts for the consider ation of crimes committed 
during the enforcement period of the Martial Law as follows:   
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 1. Martial Courts for Misdemeanors and its Competences:  
a. Formed of a President and a sufficient number of military, civilian judges, or 
both. It consists of one or mor e circuit and shall issue its rulings by a military 
or civilian judge.  
b. The martial courts for misdemeanors, during the enforcement period of 
martial laws, shall be competent to examine the following crimes:  
1. Misdemeanor Crimes.  
2. Crimes determined in  order of the Executive Authority and 
punishable by imprisonment or a fine.  
3. Misdemeanor crimes affecting State security.  
4. Rule upon the grievances submitted by arrested or detained persons 
and extending their orders of detention.  
2. Martial Courts for Felonies and its Competences:  
a. Formed of a president and a sufficient number of military, civilian judges, or 
both. It consists of one or more circuit and shall issue its rulings in a tribunal 
formed of three judges.  
b. The martial courts for felonies, during the enforcement period of martial laws, 
shall be competent to examine the following crimes:  
1. Felonies.  
2. Crimes determined in order of the Executive Authority whose least 
punishment is imprisonment.  
3. Felonies affecting State security.  
3. All judges shall be selected by the Executive Authority.  
4. The assembly of the said martial courts shall be valid only in the presence of a 
representative of the Public Prosecution to be chosen from members of the Military 
or Public Prosecution by the  Executive Authority as the case may be.  
5. Each Court shall have a secretary who is entrusted with writing the trial’s procedures, 
under the court’s president’s supervision, in a record which he and the court 
president sign.  
   
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Article (7) 
The Executive Authority may order referral to the Martial Courts in common law offenses, 
provided that they should explain such crimes in detail in the referral decree issued by them.

Article (8) 
The Executive Authority may, necessity so requires, order the formation of Martial Courts 
from among the Officers of the Armed Forces with legal background, and the court shall in 
this case apply the procedures set by the Executive Authority in its order of formation. One 
of the officers of the Armed Forces shall act  as the Public Prosecution representative, and the 
jurisdiction of such courts shall expire upon the expiry of the purpose for which they were 
formed.  
 
Chapter Five  
The Provisions of Arrest

Article (9) 
1. 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.  
2. Any person who shall be arrested shall be promptly notified of the rationales for arrest 
and shall be treated as a prisoner on remand.  
3. The  detainee or his legal representative may express grievance against the action taken 
against him pursuant to the application of Martial Law.  
4. The grievance can be made through a request submitted to the competent martial court 
and the court shall decide thereupon by a decision with a statement of the rationales 
within a period not exceeding seven days from the date of submittal, after hearing the 
statements of both the applicant and the representative of the prosecution.

Article (10)  
The arrested person shall be brought before the Martial Court within a period not exceeding 
fifteen days from the date of arrest, and the Court may order his release on bail or retain him  
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 in custody for a period not exceeding ninety days extendable for one similar period.

Article (11)  
1. The Executive Authority may drop the case prior to referral to the Court.  
2. The Executive Authority may order interim release of the detainee before referring the 
case to the Martial Court.  
  
Chapter Six 
Investigation and Trial Procedures

Article (12)  
1. Except as stipulated by the procedures of the present law or the orders issued by the 
Executive Authority, the provisions contained in the Code of Penal Procedures shall be 
applied in the investigation of cases which the Martial Courts are t o settle, and are to 
consider their procedures, pass verdicts thereon, and implement the punishments res 
judicata, and such procedures may be reduced by an order of the Executive Authority.  
2. Upon the investigation, the representative of the Public Prosec ution shall have all 
authorities and powers conferred upon him by virtue of the law.

Article (13)  
The Martial Court may, during the consideration of the case, issue a decision of interim 
release of the detainee.

Article (14)  
1. Subject to the provisions of article (6) of the present law, a competent Judge shall be mandated, pursuant to a resolution issued by the Executive Authority, and assisted by a 
sufficient number of judges and staff, to verify the authenticity of the procedu res, 
examine the grievances of the concerned people, and give his opinion thereupon. The 
said judge shall, for every felony, deposit a memorandum explaining his opinion and 
submit it to the Executive Authority prior to the verdict’s ratification.   
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 2. In the  cases of urgency, the mandated judge may limit his opinion to writing it on the 
verdict papers margins .

Article (15)  
The claims of civil rights shall not be accepted by the Martial Courts.

Article (16)  
1. The judgments issued by the Martial Courts shall not be challenged by any means.  
2. The judgments issued in felonies and crimes threatening the State's security shall be final 
and enforceable only after approval by the Executive Authority.  
3. If the verdict is sued was death penalty, it shall be enforceable only after ratification by 
the President of the State.  
4. President of the State shall have the right to pardon the convicted person or replace the 
death penalty with a lesser one, in accordance with the prov isions of the Constitution.

Article (17)  
The Executive Authority may, in the case of passing an acquittal judgment in a felony or an offense threatening the State's security, order its abrogation and order a new trial before 
another Martial Court formed of different judges, and in all events if a new acquittal verdict 
is passed, it should be ratified by the Executive Authority.

Article (18)  
The Executive Authority may, after ratification of the verdict of indictment, order to rescind it 
and drop the lawsuit, or reduce or replace the punishment, or stop the implementation 
thereof provided that such decision is based on specified rationales.

Article (19)  
1. Upon expiry of the Martial Law, Martial Courts shall continue to consider the cases 
referred thereto during the validity of Martial Law in accordance with the procedures to  
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 be followed before them.  
2. The cases in which the defendants were not referred Martial Courts shall be referred to 
the competent courts, and the applicable procedures shall be followed.

Article (20)  
1. The provision of the first item of the previous article shall be applied on the lawsuits upon which the Executive Auth ority decides re -trial in accordance with the provisions of 
this Agreement.  
2. The Executive Authority shall retain all authorities prescribed by virtue of the provisions 
of this law, as concerning both the verdicts passed by Martial Courts before lifting 
Martial Law and which were not ratified, or for the verdicts passed after retrial.  
  
Chapter Sev en 
Punishments

Article (21)  
Anyone who violates the orders issued by the Executive Authority shall be punished according to the punishments prescribed in such ord ers; and such punishments may not 
exceed imprisonment for two years and paying a fine of not more than AED 100,000 (Dirhams one hundred thousand) or by either punishment.

Article (22)  
Anyone who violates the orders issued by the Executive Authority shall be punished by 
imprisonment for a period not exceeding six months and by a fine of not more than AED 
50,000 (Dirhams fifty thousand), or by either punishment in case of no punishment is 
stipulated in such orders.  
 
 
 
   
Federal Law No. (11) of 2009  Concerning Martial Laws  11 
 Chapter Eight  
Final Provisions

Article (23)  
Implementation of this law shall not entail prejudice to the rights and powers assigned to 
the Commander of Military Forces in the time of war in the area of military operations.

Article (24)  
Competent authorities, in their respective areas, shall implement the provisions of this law.

Article (25)  
This present law shall be published in the Official Gazette and shall come into force as of the day following the date of publication.  
 
 
 
Khalifa B in Zayed Al Nahyan  
President of the United Arab Emirates  
 
 
 
 
Promulgated by us at the Presidential Palace, Abu Dhabi on:  
Dhu al -Hijjah  19, 1440  Hijri  
December  6, 2009