Declaration of Martial Law

Martial law is generally used to temporarily regain control and reinstate order. Three provisions of the Constitution implicate that sort of authority: the Calling Forth Clause in Article I, the Guarantee Clause in Article IV, and the Commander in Chief Clause in Article II. In 2008, government sources told a reporter for Radar magazine that a version of the Security Index still existed under the code name Main Core, allowing for the apprehension and detention of Americans tagged as security threats. Footnote6 08o3j2b 6 Sterling, 287 U. 2 The President shall be commander in chief of all armed forces of the Philippines and, whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion, insurrection, or rebellion, or imminent danger thereof, when the public safety requires it, he may suspend the privileges of the writ of habeas corpus, or place the Philippines or any part thereof under martial law. Greetings from El Salvador. The best thing is to keep your eyes on the Rock. One week after the election, Marcos told the Washington Post that he planned to send troops. Any Arab not registered in a census taken during November 1948 was deported. When a state of emergency is declared, the government may expand its powers or limit the rights of its citizens. Under Youngstown, the courts show varying degrees of deference to presidential action, depending on whether the president is acting in accordance with or contrary to the will of Congress. The Guard even ignored state court orders to release the prisoners, with one officer declaring, “To hell with the constitution. S conviction of tax crimes, dubious Oxford degree, and inheritance from questionable wealth. So, I think it is the best option of two dangerous choices, myself. 01012, Kyiv, Independence Square Street, 2 , office 814 А.

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Footnote20 lkefuuc 20 Youngstown, 343 U. That’s a huge mistake. Footnote4 0oxbb6x 4 Boumediene, 553 U. In the United States, citizens are expected to follow the laws and regulations put in place by Congress to ensure a functional society. He repeated others’ calls and said he wasn’t calling for it himself. It is possible that, in the absence of the Posse Comitatus Act and other laws regulating domestic military activity, the president could rely on some independent executive power to declare martial law. See Jack Goldsmith, The Administration Has Violated the War Powers Resolution Unless It Is Right About the malcolmmackillop Applicability of the AUMFs to the Islamic State, Lawfare Oct. The Insurrection Act of 1807 gave the president the ability to deploy active duty and National Guard troops within the U. After decades of persecution, the Mormons understandably flipped out, declared martial law and raised an army of their own. When a state of emergency is declared, the government may expand its powers or limit the rights of its citizens. For example, a president may be authorized to declare martial law during a time of violent civil unrest, but only for 60 days. OUR CREATOR, OUR FATHER, OUR SAVIOR. Try to be a force for preserving our democracy. Virgin Islands to declare martial law under certain circumstances. The Supreme Court, sitting en banc, shall be the sole judge of all contests relating to the election, returns, and qualifications of the President or Vice President, and may promulgate its rules for the purpose. “The problem with resignation is you can only fire that gun once,” he told them. Marcos in the Philippines numbered in the tens of thousands. Access unmatched financial data, news and content in a highly customised workflow experience on desktop, web and mobile. “Martial law is essentially the absence of law,” William Banks, a Syracuse University College of Law Board of Advisors Distinguished Professor, told USA TODAY previously. Later that day the administration said it was looking into regulating the big internet companies. If that specificity is lacking — if the statute or its legislative history do not define what Congress meant by martial law — then courts will assume that Congress intended only to authorize the military to “act vigorously for the maintenance of an orderly civil government and for the defense of the against actual or threatened rebellion or invasion. Students of Lawsikho courses regularly produce writing assignments and work on practical exercises as a part of their coursework and develop themselves in real life practical skills. Just Security is based at the Reiss Center on Law and Security at New York University School of Law. They will control and organize themselves. Familiarize yourselves with the various agendas of the NWO. 316 1836; and Marbury v. Trump, also told a congressional committee in 2020 that he did not support altering the law.

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On July 2, the President appointed a military commission to try them for violation of the laws of war, to wit: for not wearing fixed emblems to indicate their combatant status. On 16 August, martial law was again extended until 21 November. “One of the important things to remember about the Insurrection Act is that it’s not martial law,” Banks said. The rally was attended by more than 30 “civic, religious, labor, student, and activist groups a crowd of 30,000,” and received coverage from newspapers, radio, and television. Be sure to get the latest news about the U. ” The salient passage of the Court’s opinion bearing on this point is the following: “If, in foreign invasion or civil war, the courts are actually closed, and it is impossible to administer criminal justice according to law, then, on the theater of active military operations, where war really prevails, there is a necessity to furnish a substitute for the civil authority, thus overthrown, to preserve the safety of the army and society; and as no power is left but the military, it is allowed to govern by martial rule until the laws can have their free course. 4 dangerous chemicals, radioactive substances and highly poisonous substances. In the United States, martial law may be declared by the proclamation of the president or a state governor, but such a formal proclamation is not necessary.

Turkey

” In a brace of cases which reached it in February 1945, but which it contrived to postpone deciding till February 1946,236 the Court, speaking by Justice Black, held that the term “martial law” as employed in the Organic Act, “while intended to authorize the military to act vigorously for the maintenance of an orderly civil government and for the defense of the Islands against actual or threatened rebellion or invasion, was not intended to authorize the supplanting of courts by military tribunals. This popular message, by a recognisable celebrity name, hit home with voters eager for change including Mr Matela’s children. Their statement describes the history and flaws of the Insurrection Act and outlines a comprehensive proposal for reform. Martial law, temporary rule by military authorities of a designated area in time of emergency when the civil authorities are deemed unable to function. Mijares also mentioned in his book that Marcos said as much in an address to a conference of historians, in January 1973. As of March , Ukraine’s armed forces comprise more than 900 female officers in command positions, including 109 platoon commanders and 12 company commanders, according to the military. Putin who has said he would be ready to use nuclear weapons to defend Russia’s “territorial integrity” also warned of a “global catastrophe” in the event of a direct clash between NATO troops and Russia. Whether you’re thinking of joining the military, looking for post military careers or keeping up with military life and benefits, Military. Martial law was declared on December 7, 1941, following the Japanese attack on Pearl Harbor. This is in response to the Russian invasion, as Russian troops target military bases near several Ukrainian cities, including the capital of Kyiv. Not more than 4 clients are allowed to stay at the table excluding children under 14 years old. Because Section 252 does not expressly authorize the displacement of civilian authorities, it should not be read as license to turn the normal relationship between civilian and military power on its head. Article 79 of the Constitution of the Islamic Republic of Iran forbids the proclamation of martial law without the approval of the Islamic Consultative Assembly. However, the Constitution and valid federal laws will still constrain states’ conduct under the declaration, and judicial review will be available in federal court. While the economies of many of the Philippines’s Asian neighbors were growing at impressive rates, the Philippine economy stagnated. DOD reaches over 200,000 presumed COVID 19 cases military, military dependents, DOD civilian employees, and DOD contractors. Revelations speaks of those who were beheaded. Russian President Vladimir Putin will deliver an address to the Federal Assembly on 30 September in the same way he did in 2014. Passed by House on Feb. Chief Justice Stone concurred in the result. The Martial Law Declaration Act were issued by the Nationalist Government later in 1920s and amended in 1940s. 2 Where, pursuant to this Act, a declaration of a public welfare emergency is revoked either generally or with respect to any area of Canada, all orders and regulations made pursuant to the declaration or all orders and regulations so made, to the extent that they apply with respect to that area, as the case may be, are revoked effective on the revocation of the declaration. The result of their study stated that, “while Martial Law may accelerate development, in the end the Philippines would become a political archipelago, with debilitating, factionalized politics. Coupled with economic downturns, these factors fermented dissent in various sectors e. Overall, the consensus in 1815 was that martial law was simply another term for military law, and that military jurisdiction could extend no further than the armed forces themselves. So much for the military never backing up the unconstitutional orders of a president. What this would do: Again, nothing to change the election results. How to overturn a democratically elected government apparently was all the rage in the chat, even after hundreds of Trump supporters failed to do so by violently storming the U. Article 28 guarantees the right to life, Article 29 prohibits torture or to cruel, inhuman, or degrading treatment, or forcible assimilation, as well as “medical, scientific, or other experiments without voluntary written consent.

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In short, martial law can be imposed when civil rule fails, temporarily being replaced with military authority in a time of crisis. There are precipitating events that lead up to it, such as war or increasing civil unrest. Non food items include medicines, first aid kits, batteries, and any other necessary materials. Various forms of torture such as repeated physical beating, cigarette burning, genital mutilation, asphyxiation and waterboarding became common reports of detainees. Supreme Court upheld the legality of Rhode Island’s martial law declaration in Luther v. For instance — “If you don’t do what we say, we’ll harm your family. This period is remembered for its extreme crackdown on political rights, as well as unaccountable military brutality. Even Trump’s legal adviser Jenna Ellis tweeted that using the Act could not pass in the eyes of the law. Borders to deal with natural disasters, public health emergencies and civil disturbances such as rioting, but usually it’s in a supporting role to help local and state government officials and agencies. In most cases, this occurs when the government is no longer able to maintain order or keep the public safe, such as during uprisings or natural disasters. A personal account can be used to get email alerts, save searches, purchase content, and activate subscriptions. The witnesses who presented live testimony at the Select Committee hearing were officials in the Trump White House—Deputy National Security Advisor Matthew Pottinger and Deputy Press Secretary Sarah Matthews.

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” footnote2 8k3uslb 2 Sterling, 287 U. WAIMEA – The Department of Public Works is reminding the public that Menehune Road near the Waimea Swinging Bridge will be closed on May 4, May 5, and May 6, from 7:30 a. For example, during the Irish War of Independence 1919 1921 the British government, who controlled much of Ireland, declared martial law in order to maintain control of Irish citizens. But we will and that right soon. 258 “iven the unique status of Guantanamo Bay and the particular dangers of terrorism in the modern age, the common law courts simply may not have confronted cases with close parallels to this one. The family of a seven month old baby boy who died in High Prairie last week is speaking about their loss. “The progress we have made is fragile,” Geoffrey R. Under martial law, within the affected territory, the will and decisions of the commanding military officer take precedence. Martial law is the temporary replacement of military enforcement for civilian rule. Non Appearance in military commissariat: what punishment to expect. Martial law is also a great fit for lawyers who are fluent in multiple languages and lawyers who have experience with multiple cultures and international travel. George Stephanopoulos recalled then candidate Donald Trump had a fit off camera over interview questions about Russia. Some people talk about what Marcos was like and about what he did such as achievements and abuses. At the end of the day, you’ll likely be placed in a harsh situation where your and your family’s survival is your responsibility first and foremost. Constantin,233 where the Court made it very clear that “t does not follow. I’m sickened by the intolerance for the opinion of others. There are also emergency powers that allow the federal government to control domestic transportation. The Insurrection Act has come up frequently in the Jan. It does provide an exception to the general prohibition under the Posse Comitatus Act on using federal troops to enforce domestic law. “I assume also,” he said, “that there could be circumstances in which the public safety requires, and the Constitution permits, substitution of trials by military tribunals for trials in the civil courts,”16 but added that the military authorities themselves had failed to show justifying facts in this instance. 1973 to memorialize the date as the foundation day of his New Society. Offences against the Law of Nations. “And if there is, it’ll be handled appropriately by the courts and by the U. The last time it was used was in Hawaii, following the Pearl Harbor attack. So, as an inference or logical deduction from this landmark overruling of the infamous ADM Jabalpur case it can be stated that even if in future, martial law is invoked in any parts of India, the writ of Habeas Corpus cannot be suspended and hence no illegal detentions by military authorities will be permitted. 201; Griswold, 381 U. In China, martial law in the Beiyang government could be dated back to the final year of the Qing dynasty. Legal scholars frame the issues with martial law, on one side, as arbitrary and military jurisdiction, and on the other hand, equal and just procedures.

Analysis

Because there are legitimate fears about the potential for abuse of power, civilian leaders are hesitant to bring in the military unless they feel that there is a genuine security risk which must be addressed. However, three weeks later General Ayub—who had been openly questioning the authority of the government before the imposition of martial law—deposed Iskandar Mirza on 27 October 1958 and assumed the presidency that practically formalized the militarization of the political system in Pakistan. When martial law is declared, civil liberties—such as the right to free movement, free speech, or protection from unreasonable searches—can be suspended. While Richardson believed in nonviolence as a “first step,” her aggressive stance often clashed not just with the National Guard, but other civil rights leaders such as the Rev. By staying away from all the presidential debates and refusing media interviews, he avoided having his family’s record challenged, and was able to maintain the illusion of harmony, despite millions remaining opposed to his presidency. Footnote17 3j8pcif 17 For examples, one need only look to the Kent State massacre in 1970 or incidents during the military deployment to Los Angeles during the 1992 riots. His attorney objected to the court’s jurisdiction, requested a jury trial, and asked for time to prepare a defense. In that situation, National Guard troops are operating in State Active Duty status. To outsmart the government. The balance of power established by these provisions decisively favors Congress over the president. Declaration,Confirmation, Continuation, Amendment and Revocation of Emergencies. In response to Rasul, Congress amended the habeas statute to eliminate all federal habeas jurisdiction over detainees, whether its basis was statutory or constitutional. Riots,” New York Times, July 13, 1963, 1, 6, f3i; and “Tawes Withdraws Last Guard Troops in Cambridge, Md. Capitol, Trump said that he’s focused on “ensuring a smooth, orderly and seamless transition of power” and that “a new administration will be inaugurated on Jan. Not some sad pathetic culture of BLM and Muslims. Judge Kobayashi’s statement that the issue is a political question has no basis in fact or in law. Under the Insurrection Act, the President can call upon or “federalize” the National Guard to suppress a domestic rebellion or enforce federal laws. It turned out that the generals had rules, standards, and expertise, not blind loyalty. It is the legal precedent in use during most military involvements in civilian activities today. Military domestically and use it against Americans under certain conditions. To some observers, a deployment of troops under the Insurrection Act might look and feel very much like martial law. President Abraham Lincoln invoked it during the Civil War. “Ang ginagawa ro’n, may dalawang kama tapos pinapahiga ‘yong tatay ko, ‘yong ulo niya sa isang kama, ‘yong paa niya sa isang kama. However, several other members of parliament harshly criticized such talk. As a result of the Boston Tea Party, Parliament passed the Massachusetts Government Act, one of the Intolerable Acts, which suppressed town meetings and assemblies, and imposed appointed government, tantamount to martial law. Bush administration who now is vice chairman of the board of trustees at the Foreign Policy Research Institute, explained in a phone interview in March. Martial law is a military takeover of a country’s civil legal system.

Mangal Pandey

This is probably the most obvious place to hide your supplies. The Marcoses and their PR strategists can be accused of distorting historical facts. Though the case is little remembered today, it was a reminder that Hawaiian civilians had sacrificed their freedoms during the war—demonstrating a loyalty that would become a critical argument for statehood 13 years later, when Hawaii was admitted into the union as the 50th state. But more important to California and Oregon bound travelers was the third section that stated, “Martial law is hereby declared to exist in this Territory. Read more: Trump reverses abortion related U. Law did not recognize martial law as an emergency power until the mid 19th century. In United States law, martial law is limited by several court decisions that were handed down between the American Civil War and World War II. I defended Trump last night on Newsmax. During the Second World War, President José P. It has implied that the federal government can declare it but has never said so conclusively. The Japanese for their part established a Philippine Executive Commission to assume administrative authority in the occupied areas. In Hawai’i, martial law was declared within hours of the Japanese attack on Pearl Harbor on December 7, 1941 , and it lasted, with some modifications, for nearly three years, until October 24, 1944. Attempts to downplay what happened during Martial Law include arguments that the country should move on and forget the past. This power necessarily extends to all legislation essential to the prosecution of war with vigor and success, except such as interferes with the command of the forces and the conduct of campaigns.

Senior Lawyer, Tax and Legal

Such actions, including a hypothetical presidential declaration of martial law that Congress has not authorized, would fall within Youngstown’s third zone. “At least 37 other protesters were injured in different cities,” the group added. States’ use of martial law continued well into the 20th century, reaching a peak in the 1930s — a decade that also saw an increase in the flagrant abuse of this power by governors. Law, the president, Congress or a local military commander may impose degrees of martial law under specific situations. “The sort of hellish scenarios that some people talk about is one where the president orders or regular military armed forces the United States to take over cities that he believes are engaged in an unlawful election, disruption or protests in the wake of an unresolved presidential election in the days after November 3,” Banks noted. So long as such arrests are made in good faith and in honest belief that they are needed in order to head the insurrection off, the Governor is the final judge and cannot be subjected to an action after he is out of office on the ground that he had not reasonable ground for his belief. Many of the posts say that the transition to military power was facilitated by the Insurrection Act or Martial Law neither of which have been invoked, as explained above. What form this takes is up to you. After the Nationalist led central government of China lost control of the mainland to the Chinese Communist Party and retreated to Taiwan in 1949, the perceived need to suppress Communist activities in Taiwan was utilised as a rationale for not lifting martial law until thirty eight years later in 1987, just prior to the death of then President Chiang Ching kuo. In the Philippine Constitution, the President may exercise his role as Commander in Chief of all Philippine armed forces and act accordingly to protect the safety of the Filipino people. “There’s no insurrection,” Hoffmeister added. “240 The second argument it disposed of by showing that petitioners’ case was of a kind that was never deemed to be within the terms of the Fifth and Sixth Amendments, citing in confirmation of this position the trial of Major Andre. If you’re living in this region, consider using our free designs to a build low cost fallout shelter. Read: The pandemic could change how Americans view government. The term is specifically used to refer to the over 38 year long consecutive martial law period between 20 May 1949 and 14 July 1987, which was qualified as “the longest imposition of martial law by a regime anywhere in the world” at that time since been surpassed by Syria. Military Times © 2022. Its retaliation for the bombing of the Kerch bridge falls flat. 253 In addition, the Court found that statutory grounds existed for the extension of habeas corpus to these prisoners. Reuters provides business, financial, national and international news to professionals via desktop terminals, the world’s media organizations, industry events and directly to consumers. Okmulgee Police Chief Joe Prentice said “multiple” sets of human remains had been found amid a search for four missing Oklahoma men who vanished from a bike ride. It assumed the same in another case, but only for the purpose of deciding a narrower legal question. Community leaders initiated “Speak English” campaigns and avoided publicly speaking in Japanese. This past Friday, August 12, 2022, District Judge Leslie Kobayashi filed a Minute Order taking under advisement the Hawaiian Kingdom’s Motion to Certify for interlocutory appeal her Order of July 28, 2022, denying the Hawaiian Kingdom’s motion for reconsideration of her previous Order granting the Federal Defendants motion to dismiss the amended complaint. ” “It’s time to move on,” the former aide told Flynn. Source: Department of Defense Press Release. Tweet deleted almost instantly by the platform. When courts decide whether those rights have been violated, they consider the circumstances —including not only the impact on the individual whose rights are affected, but also the interests of the government — and there is often a balancing involved. This Resolution stipulates that banks ensure the uninterrupted operation of branches in the absence of danger to life and health. What fuckin country u from trump had more soldiers vote for him rhan any president in history what does that tell u there will be no musslem law in america u can guarantee that. This was later approved and expanded by Franklin Roosevelt’s executive order to include the incarceration of Japanese Americans on the West Coast.

Has martial law ever happened in the United States?

Some 7,000 Russian protesters have already been arrested after demonstrating against military aggression in Ukraine, which has reportedly caused the death of more than 2,000 civilians since last Friday. Note you can select to save to either the @free. By its express terms, Section 253 contemplates a situation in which, rather than needing help from the military to enforce the laws, the civilian authorities are just not enforcing them. By Fionnuala Ní Aoláin. But be smart and prepare. KALIHIWAI – The search for a 19 year old missing swimmer, Jaren Asalele of O’ahu, in waters off Kalihiwai on the North Shore will continue Monday. But in Duncan, the Court held that simply putting the words “martial law” in a statute is not sufficient to authorize such extreme measures. The Israel Defense Forces were granted the authority to issue instructions to civilians, and to close down offices, schools, camps and factories in cities considered under threat of attack, as well as to impose curfews on cities in the north. It has, therefore, the power to provide by law for carrying on war. Millard Tawes imposed it on the city of Cambridge for more than a year in response to clashes between racial justice advocates and segregationists. “We’re introducing martial law on the whole territory of our country. Congress has given the president considerable authority, however, to use troops domestically to assist in civilian law enforcement activities. “The Insurrection Act may be invoked only following an invasion, insurrection or widespread domestic violence,” William C. Military — if they are “enemy combatants. Do you realize there are no seams. That same day, he signed a decree suspending the activities of eleven opposition political parties, citing claimed ties to the Russian government, throughout the duration of martial law; the parties included the pro Russian Opposition Platform — For Life, the second largest party in the Verkhovna Rada. At least 68 times, actually, though never under the circumstances Flynn has argued for on Newsmax and in the Oval Office. While not specifically defined in the U. While there is no universal definition, the term often refers to the use of the military for law enforcement. It could mean extending conscription for soldiers currently in the armed forces, calling on reservists or bringing in men of fighting age who have had military training. In October, in the lead up to the midterm elections, Trump characterized the caravan of Central American migrants headed toward the U. A full national mobilisation would be horribly unpopular in Russia. 18, 2020 6:24 AM, reads: “Under the Insurrection Act I have declared Martial Law. Georgia was thelast state to be readmitted, in 1870. We are here for a reason. But even if these maneuvers aren’t in the president’s tool kit, it’s dangerous for him to talk about them in a way that risks normalizing them — let alone in Oval Office meetings, said nearly every expert The Fix spoke with. “245 And the adherence of the United States to the Charter of London in August 1945, under which the Nazi leaders were brought to trial, is explicable by the same theory. Life as you know it is simply going to completely shut down as your city will come to resemble a war zone more than the peaceful and idyllic life you once knew. When the event was over, 400 800 people had been killed by the Chinese military. Each state and the District of Columbia has its own National Guard, staffed by civilians who serve on a part time basis.

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And in such an emergency situation, Zelensky has taken recourse to this law in an attempt to stabilise pro separatist and Russian forces that are pushing to split up Ukraine. Footnote10 2wf9m5g 10 Skinner v. In the early 20th century, it seemed to believe that the state martial law power was related to the executive’s constitutional power to “execute the law. We did it before, and we can do it again. Subscription Requests. In their Motion to Dismiss, the Federal Defendants were claiming that this case presents a political question and that it should be dismissed. ” The “outside agitators” were “Freedom Riders”, peaceful civil rights activists challenging the already illegal racial segregation in the South. Net”, said on August 5 on Ukrainian television. Under this interpretation, Section 706 could effectively function as a “kill switch” in the U. One exception to Posse Comitatus, however, is the Insurrection Act, which allows the use of active duty or National Guard troops for federal law enforcement in cases when “rebellion against the authority of the U. And by the way, also a group that you need badly — you don’t really appreciate until you need them — is the firefighters. Diokno and Aquino, whom the dictatorship considered their foremost opponents, were later handcuffed, blindfolded, and transferred to Fort Magsaysay in Laur, Nueva Ecija in March 1973. There is a reason why they are trying to disarm law abiding citizens, no resistance. Selden admitted, “It is true there is a martial law in England. KAPAʿA – Kauaʿi police arrested 58 year old Paul Bun Chung Say of Kapaʿa on January 19 for numerous charges, including several counts of promoting dangerous drugs and multiple charges related to the possession of illegal weapons and ammunition. The seizures were denounced by Kyiv and the West as illegal. Civil rights are typically suspended, and people may be subject to the military code of justice and expected to adhere to military law. “The purpose of utilizing the mechanisms of insurrection act is to enforce the law, not replace it. The Government may call upon the people to defend the State and, in the fulfillment thereof, all citizens may be required, under conditions provided by law, to render personal, military or civil service. Peabody231 that “the Governor’s declaration that a state of insurrection existed is conclusive of that fact. ” At key points in American history, presidents have cited inherent constitutional powers when taking drastic actions that were not authorized—or, in some cases, were explicitly prohibited—by Congress. Citizens not serving in the military to be tried by military commission — a particular type of tribunal used by the U. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of the service for the full term for which he was elected. “Only if states attempt to leave the Union would state defiance enable Insurrection Act authority. Martial law was imposed in Beijing in 1989 following the Tiananmen Square protests of 1989 by the Communist ruled government on mainland China. Florida and Texas will retain a 100% Federal cost share.