State of emergency

A state of emergency allows a government to implement measures it would not normally be permitted to take, in order to protect its citizens. This declaration can occur before, during, or after events such as natural disasters, civil unrest, armed conflict, or health crises like pandemics and biosecurity threats.

Under international law, certain rights and freedoms may be suspended during a state of emergency, depending on how severe the situation is and the policies adopted by the government. Democracies often use this tool to handle events ranging from extreme weather to public order problems. In contrast, dictatorial regimes may declare a prolonged or indefinite state of emergency, using it to override human rights that are typically protected by the International Covenant on Civil and Political Rights (ICCPR). In some cases, martial law is imposed, giving the military greater authority. Other times, no formal emergency is declared, and governments instead take de facto measures or issue decree-laws. Two United Nations Special Rapporteurs, Nicole Questiaux and Leandro Despouy, recommended principles for states of emergency, including legality, proclamation, notification, time limitation, exceptional threat, proportionality, non-discrimination, compatibility, and concordance with international law.

Article 4 of the ICCPR allows states to suspend certain rights during a public emergency, but only to the extent strictly necessary, and the state must notify the UN Secretary-General. Similar provisions exist in the European and American Conventions on Human Rights, though no derogation is permitted under International Labour Conventions. Political theorist Carl Schmitt argued that the power to decide on a state of emergency defines sovereignty itself. Giorgio Agamben criticized this view, claiming the mechanism deprives people of civil and political rights, producing what he called *homo sacer*. A state of emergency can also be used to overthrow an existing constitution, as seen in the failed August 1991 coup in the Soviet Union. Derogations by states that have ratified binding agreements are monitored by 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 allows media censorship and detention, with trials before military courts. Since 1953, Egypt has experienced four prolonged emergency periods: 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. Ethiopia’s constitution allows a six-month state of emergency under certain conditions. The Maldives declared a state of emergency on 26 December 2004 after the Indian Ocean tsunami caused extensive damage. Another 15-day state of emergency was declared on 5 February 2018 by President Abdulla Yameen, leading to security forces entering the Supreme Court and arresting former president Maumoon Abdul Gayoom and the Chief Justice. Nigeria typically declares a state of emergency during major civil unrest, especially in response to Boko Haram attacks. On 14 May 2013, President Goodluck Jonathan declared one for the northeastern states of Borno, Yobe, and Adamawa, following a more limited declaration on 31 December 2011 in parts of Yobe, Borno, Plateau, and Niger states, which included temporary border closures. On 26 November 2025, President Bola Ahmed Tinubu declared a nationwide security emergency, ordering expanded recruitment and deployment of military, police, and intelligence 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, and another on 24 March 2020 for 12 months.