State of emergency
Government empowerment to enact normally prohibited policies 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 and Giorgio Agamben
- examples
- Egypt, Ethiopia, Maldives, Nigeria, Sierra Leone, South Africa, Zimbabwe
Lore & Background
Democracies use states of emergency to manage a range of situations from extreme weather events to public order situations. Dictatorial regimes often declare a state of emergency that is prolonged indefinitely for the life of the regime, or for extended periods of time, so that derogations can be used to override human rights of their citizens, usually protected by the International Covenant on Civil and Political Rights (ICCPR). In some situations, martial law is also declared, allowing the military greater authority to act. In other situations, an emergency is not declared, and de facto measures are taken, or the government adopts a decree-law. Nicole Questiaux (France) and Leandro Despouy (Argentina), two consecutive United Nations Special Rapporteurs, have recommended to the international community to adopt the following 'principles' to be observed during a state or de facto situation of emergency: Principles of Legality, Proclamation, Notification, Time Limitation, Exceptional Threat, Proportionality, Non-Discrimination, Compatibility, Concordance and Complementarity of the Various Norms of International Law. Article 4 to the ICCPR permits states to derogate from certain rights guaranteed by the ICCPR in 'time of public emergency'. Any measures derogating from obligations under the Covenant, however, must be to only the extent required by the exigencies of the situation, and must be announced by the State Party to the Secretary-General of the United Nations. Some, such as political theorist and Nazi Party member Carl Schmitt, have argued that the power to decide whether to initiate a state of emergency defines sovereignty itself.
Reader's Guide
The state of emergency is a critical concept in constitutional and international law, balancing governmental power to protect citizens against the risk of rights abuses. International frameworks like the ICCPR and regional human rights conventions attempt to limit derogations, requiring proportionality and notification. The recommendations of UN Rapporteurs Questiaux and Despouy provide a set of principles to guide legitimate use. The theoretical debate between Schmitt and Agamben highlights the philosophical stakes: whether the power to declare emergency defines sovereignty or threatens civil liberties. The legacy of the state of emergency is thus dual—it is both a tool for crisis management and a potential instrument of oppression, monitored by expert committees and courts to ensure compliance with international law.
Did You Know?
- Under international law, rights and freedoms may be suspended during a state of emergency, depending on the severity and a government's policies.
- Article 4 to the ICCPR permits states to derogate from certain rights in 'time of public emergency', but measures must be announced to the UN Secretary-General.
- Nicole Questiaux and Leandro Despouy, UN Special Rapporteurs, recommended principles including Legality, Proclamation, Notification, and Proportionality for states of emergency.
Frequently Asked Questions
What is a state of emergency in legal terms?
It is a formal legal status that lets a government exercise powers it would normally be barred from using, specifically to safeguard its population from a serious threat. In essence, it temporarily rewrites the rules of what the state is permitted to do.
What kinds of events can trigger a state of emergency declaration?
Governments may invoke one in response to natural disasters, armed conflict, civil unrest, a widespread pandemic or epidemic, or other biosecurity threats. The declaration can be made before, during, or after the crisis occurs.
How does a state of emergency affect citizens' rights under international law?
Article 4 of the ICCPR permits a state to temporarily derogate from certain civil and political freedoms when a public emergency threatens the nation's survival. The scope of any suspension depends on the emergency's severity and the specific measures the government adopts.
Which political theorists are most closely linked to the concept of the state of emergency?
Carl Schmitt is widely credited with shaping modern thought on sovereign exception and emergency power, while Giorgio Agamben later critiqued and expanded that framework through his influential concept of the 'state of exception.'
Which countries are frequently cited as examples of notable or prolonged states of emergency?
Nations such as Egypt, Ethiopia, Maldives, Nigeria, Sierra Leone, South Africa, and Zimbabwe have all invoked emergency powers at various points in their histories. These cases are regularly referenced in legal scholarship examining the limits of governmental authority.
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