II. STATES OF EMERGENCY A. Rules concerning derogation measures and other aspects of states of emergency As previously noted, terrorism may, under very specific conditions, lead to a state of emergency. Elaborate rules have been developed which govern different aspects of states of emergency. The most comprehensive discussion of this issue in connection with the United Nations system is contained in General Comment No. 29 of the UN Human Rights Committee, attached hereto as Annex II. States may suspend certain rights during an emergency that threatens the life of the nation. However, the UN and the regional systems impose strict limitations as well as procedural requirements with respect to such suspensions, or “derogations”. They also establish lists of rights that cannot be suspended under any circumstances. The rights which are specified as non-derogable in universal and regional instruments are not identical. The American Convention on Human Rights, for example, expressly includes “judicial guarantees essential for the protection of [non-derogable] rights” on the list of non-derogable rights, while the International Covenant on Civil and Political Rights does not. However, General Comment No. 29 takes the position that judicial oversight may be inferred to be non-derogable, taking into account other provisions of international law. United Nations The Human Rights Committee has frequently emphasized, not only in General Comment No. 29 but in its review of State reports and individual cases, that declarations of states of emergency and any accompanying derogations taken pursuant to article 4 of the Covenant must meet certain strict requirements. Necessity The Committee … expresses its concern that the resort to declarations of states of emergency is still frequent and seldom in conformity with article 4, paragraph 1, of the Covenant, which provides that such declaration may be made only when the life and existence of the nation is threatened. --CCPR/C/79/Add.76, para. 25 (1997). Duration The Committee is disturbed by the fact that the state of emergency proclaimed … in 1981 is still in effect, meaning that the State party has been in a semipermanent state of emergency ever since. The State party should consider reviewing the need to maintain the state of emergency. 18