States of emergency Sources ICCPR (arts. 4 and 15(1)) “Guidelines for the development of legislation on states of emergency” in The Administration of Justice and the Human Rights of Detainees: Question of Human Rights and States of Emergency, Sub-Commission on Prevention of Discrimination and Protection of Minorities, United Nations document E/CN.4/Sub.2/1991/28. Standards States of emergency may be declared only in conformity with the law.118 States of emergency may be declared only where a public emergency threatens the life of the nation, and where ordinary measures are plainly inadequate to address the situation.119 States of emergency must be officially declared before exceptional measures may be taken.120 Any exceptional measures must be strictly required by the exigencies of the situation.121 Any exceptional measures must not be inconsistent with other requirements under international law.122 Any exceptional measures must not discriminate solely on the basis of race, colour, gender, language, religion or social origin.123 No exceptions are permitted with regard to the right to life; the prohibition of torture or cruel, inhuman and degrading treatment; the prohibition of slavery; the prohibition of imprisonment for failure to fulfil a contractual obligation; the prohibition of ex post facto laws; the recognition of everyone as a person before the law; or freedom of thought, conscience and religion.124 No one may be held guilty of any criminal offence which was not an offence at the time it was committed.125 No one may be subjected to a heavier penalty than that which was applicable at the time the offence was committed.126 If the penalty for an offence is reduced by law subsequent to commission of the offence, the offender must benefit from the lighter penalty. 127 118 ICCPR, article 4. ICCPR, article 4. 120 ICCPR, article 4. 121 ICCPR, article 4. 122 ICCPR, article 4. 123 ICCPR, article 4. 124 ICCPR, article 4. 125 ICCPR, articles 4 and 15(1). 126 ICCPR, articles 4 and 15(1). 127 ICCPR, articles 4 and 15(1). 119 116