State of emergency
Government empowerment to act beyond normal limits for citizen safety.
A state of emergency is a situation in which a government is empowered to put through policies that it would normally not be permitted to do, for the safety and protection of its citizens. A government can declare such a state before, during, or after a natural disaster, civil unrest, armed conflict, medical pandemic or epidemic or other biosecurity risk. Under international law, rights and freedoms may be suspended during a state of emergency, depending on the severity of the emergency and a government's policies.
- definition
- Government empowerment to enact normally prohibited policies for citizen safety
- triggers
- Natural disaster, civil unrest, armed conflict, medical pandemic/epidemic, biosecurity risk
- international_law
- Rights may be suspended; ICCPR Article 4 permits derogation in public emergency
- key_rapporteurs
- Nicole Questiaux (France) and Leandro Despouy (Argentina)
- notable_theorists
- Carl Schmitt, Giorgio Agamben
Lore & Background
Democracies use states of emergency to manage extreme weather events or public order situations, while dictatorial regimes often prolong them indefinitely to override human rights protected by the International Covenant on Civil and Political Rights (ICCPR). In some situations, martial law is declared, giving the military greater authority. In others, de facto measures or decree-laws are adopted without a formal declaration. United Nations Special Rapporteurs Nicole Questiaux and Leandro Despouy recommended principles to be observed during a state of emergency, including Legality, Proclamation, Notification, Time Limitation, Exceptional Threat, Proportionality, Non-Discrimination, Compatibility, Concordance and Complementarity of international law norms.
Reader's Guide
The state of emergency is a significant legal and political mechanism because it allows governments to temporarily suspend normal rights and procedures. Its use spans democracies and authoritarian regimes, with the latter often exploiting it to entrench power. International law, particularly Article 4 of the ICCPR, permits derogation from certain rights only to the extent strictly required by the emergency, and states must notify the UN Secretary-General. The European and American Conventions on Human Rights have similar provisions, while no derogation is permitted to International Labour Conventions. Theorists like Carl Schmitt argued that the power to decide on a state of emergency defines sovereignty, while Giorgio Agamben criticized it for depriving people of civil and political rights. Monitoring by independent expert committees and regional courts ensures compliance with binding international agreements.
Did You Know?
- Article 4 of the ICCPR permits states to derogate from certain rights in a public emergency, but only to the extent required by the exigencies of the situation.
- The European Convention on Human Rights and American Convention on Human Rights have similar derogatory provisions to the ICCPR.
- No derogation is permitted to the International Labour Conventions during a state of emergency.
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