State of emergency

A state of emergency grants a government the authority to implement measures it would not normally be allowed to take, justified by the need to protect citizens. Such a declaration can occur before, during, or after events like natural disasters, civil unrest, armed conflict, a medical pandemic or epidemic, or other biosecurity threats.

Under international law, certain rights and freedoms can be suspended during a state of emergency, with the extent depending on the emergency's severity and the government's specific policies.

Democracies often use states of emergency to handle situations ranging from extreme weather to public order problems. In contrast, dictatorial regimes may declare a state of emergency that lasts indefinitely or for extended periods, allowing them to override human rights normally protected by the International Covenant on Civil and Political Rights (ICCPR). Sometimes martial law is declared, giving the military greater authority. In other cases, no formal emergency is declared, and de facto measures or decree-laws are used. Two consecutive United Nations Special Rapporteurs, Nicole Questiaux and Leandro Despouy, recommended principles for states of emergency or de facto emergencies: Legality, Proclamation, Notification, Time Limitation, Exceptional Threat, Proportionality, Non-Discrimination, Compatibility, Concordance, and Complementarity of Various Norms of International Law.

Article 4 of the ICCPR allows states to derogate from certain rights during a "time of public emergency," but only to the extent strictly required by the situation, and the state must notify the UN Secretary-General. The European and American Conventions on Human Rights have similar provisions. No derogation is permitted under the International Labour Conventions. Political theorist Carl Schmitt argued that the power to decide on a state of emergency defines sovereignty itself. Giorgio Agamben, in *State of Exception* (2005), criticized this view, arguing the mechanism deprives certain people of civil and political rights, producing his concept of *homo sacer*. A state of emergency can also be used to overthrow a regime's constitution, as seen in the failed August 1991 coup in the Soviet Union. Derogations by states that have ratified agreements like the ICCPR are monitored by independent expert committees, regional courts, and other state parties.

In Egypt, states of emergency are governed by Law 1958/162, which expands police powers, suspends some constitutional rights, and legalizes media censorship and detention, with trials possible before military courts. Since 1953, Egypt has had four periods of emergency rule lasting over a year: 1956–1964, 1967–1980, 1981–2012, and 2017–2021. Under Hosni Mubarak, the law was widely criticized, with human rights groups estimating up to 30,000 political prisoners detained.

Ethiopia’s Constitution, under Article 93, allows for a six-month state of emergency under certain conditions.

The Maldives declared a state of emergency on 26 December 2004 after the Indian Ocean earthquake and tsunami, which caused extensive damage, cut communications, decimated islands, and forced resort closures. Another 15-day state of emergency was declared on 5 February 2018 by President Abdulla Yameen, during which security forces entered the Supreme Court and arrested former president Maumoon Abdul Gayoom and the Chief Justice.

In Nigeria, states of emergency are typically declared during major civil unrest, especially in response to Boko Haram terrorist attacks. On 14 May 2013, President Goodluck Jonathan declared a state of emergency for the northeastern states of Borno, Yobe, and Adamawa. A more limited declaration had been made on 31 December 2011 in parts of Yobe, Borno, Plateau, and Niger states, including temporary border closures. On 26 November 2025, President Bola Ahmed Tinubu declared a nationwide security emergency, ordering the military, police, and intelligence agencies to expand recruitment and deploy thousands more personnel, and urging the National Assembly to reform state police forces to address kidnappings and terrorist attacks.

Sierra Leone declared a state of emergency on 7 February 2019 due to ongoing rape and sexual violence. On 24 March 2020, a 12-month state of emergency was declared.