derogating from the rights in question, and for that reason derogations of these rights are rarely necessary. Derogations require the observation of certain formalities. For the most part, where the rights of members of the armed forces are limited, this is because the right is a qualified right, rather than because of a derogation. Some states enter international human rights treaties with reservations (which means that they are not legally bound to recognize the rights in question). One illustration relevant to members of the armed forces is that several OSCE participating States have entered reservations to Art. 6 of the ECHR (the right to a fair trial before an independent and impartial tribunal) with respect to their military justice systems. This applies to the Czech Republic, France, Lithuania, Moldova, Portugal, the Russian Federation, Slovakia, Spain, Turkey, and Ukraine. France, Ireland, and the United Kingdom have similarly made reservations to the ICCPR concerning discipline in their armed forces.33 Non-derogable rights Under Art. 4.2 of the ICCPR, some rights cannot be limited even in emergencies. These are listed in Box 5.4 below. 34 Box 5.4 Non-derogable Human Rights34 According to Art. 4.2 of the ICCPR, no derogation is permitted from the following rights: • To life (Art. 6); • Not to be subjected to torture or to cruel, inhuman or degrading treatment or punishment (Art. 7); • Not to be held in slavery or servitude (Art. 8); • Not to be imprisoned for failure to perform a contractual obligation (Art. 11); • Not to be subject to retroactive penal measures (Art. 15); • To recognition as a person before the law (Art. 16); • To freedom of thought, conscience, and religion or belief (Art. 18). Similar restrictions on the derogation of rights can be found in Art. 15.2 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. The following rights may not be derogated from: the right to life (Art. 2), except in the case of deaths resulting from lawful acts of war; the right not to be tortured or subjected to inhuman or degrading treatment or punishment (Art. 3); the right not to be held in slavery or servitude (Art. 4.1); the right not to be punished by retroactive laws, i.e., for actions that were not in violation of criminal law when performed (Art. 7). Derogable rights and emergencies In emergency situations, there is a heightened risk of human rights violations.35 For this reason, international treaties both set limits on which rights can be derogated from and impose procedural requirements on states. Art. 4 of the ICCPR states: 1. In time of public emergency which threatens the life of the nation and the existence of which is officially proclaimed, the states parties to the present Covenant 33  Rowe, op. cit., note 4, p. 78. 34  International Covenant on Civil and Political Rights (entered into force in 1976). 35  For principles governing emergencies, see <http://www.dcaf.ch/_docs/backgrounder_02_states_ emergency.pdf>. 37 Handbook on Human Rights and Fundamental Freedoms of Armed Forces Personnel