![]() ![]() The Constitution of Argentina, which has been amended several times, has always allowed for a state of emergency (literally estado de sitio, "state of siege"), to be declared if the constitution or the authorities it creates are endangered by internal unrest or foreign attack. An example was the August 1991 attempted coup in the Soviet Union (USSR) where the coup leaders invoked a state of emergency the failure of the coup led to the dissolution of the Soviet Union.ĭerogations by states having ratified or acceded to binding international agreements such as the ICCPR, the American and European Conventions on Human Rights and the International Labour Conventions are monitored by independent expert committees, regional Courts and other State Parties. ![]() An example would be to allow a state to suppress internal opposition without having to respect human rights. The state of emergency can be abused by being invoked. As well as regular emergency services, sometimes military forces may be assigned to deliver aid under especially dangerous conditions or to prevent looting Civil emergency: dealing with disaster areas and requiring the deployment of extraordinary resources to contain dangerous situations such as natural disasters or extensive malicious property damage such as may occur during rioting or by arson.State of siege: when the civil rights of specified persons or groups such as political activists are likely to be curtailed, for example to prevent an insurrection or organised acts of treason by suspected agents provocateurs.Martial law: when civil rights are severely restricted by the imposition of military force within a Sovereign state, for example during a period of extreme threat of invasion or actual hostilities by foreign forces.In many democratic states there are a selection of legal definitions for specific states of emergency, when the constitution of the State is partially in abeyance depending on the nature of the perceived threat to the general public. In State of Exception (2005), Giorgio Agamben criticized this idea, arguing that the mechanism of the state of emergency deprives certain people of their civil and political rights, producing his interpretation of homo sacer. Some political theorists, such as Carl Schmitt, have argued that the power to decide the initiation of the state of emergency defines sovereignty itself. No derogation is permitted to the International Labour Conventions. The European Convention on Human Rights and American Convention on Human Rights have similar derogatory provisions. 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. ![]() "Question of Human Rights and State of Emergency", E/CN.4/Sub.2/1997/19, at Chapter II see also état d'exception).Īrticle 4 to the ICCPR, permits states to derogate from certain rights guaranteed by the ICCPR in "time of public emergency". 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 (cf. ![]() In other situations, emergency is not declared and de facto measures taken or decree-law adopted by the government. In some situations, martial law is also declared, allowing the military greater authority to act. Though fairly uncommon in democracies, 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). 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. ![]()
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