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
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents