State of emergency facts for kids
A state of emergency is a situation in which a government is empowered to put through policies that it would normally not be permitted to do, for the safety and protection of its citizens. A government can declare such a state before, during, or after a natural disaster, civil unrest, armed conflict, medical pandemic or epidemic or other biosecurity risk.
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Relationship with international law
Under international law, rights and freedoms may be suspended during a state of emergency, depending on the severity of the emergency and a government's policies.
Use and viewpoints
Democracies use states of emergency to manage a range of situations from extreme weather events to public order situations. Dictatorial regimes often declare a state of emergency that is prolonged indefinitely for the life of the regime, or for extended periods of time so that derogations can be used to override human rights of their citizens usually protected by the International Covenant on Civil and Political Rights (ICCPR). In some situations, martial law is also declared, allowing the military greater authority to act. In other situations, emergency is not declared and de facto measures taken or decree-law adopted by the government. Nicole Questiaux (France) and Leandro Despouy (Argentina), two consecutive United Nations Special Rapporteurs, have recommended to the international community to adopt the following "principles" to be observed during a state or de facto situation of emergency: Principles of Legality, Proclamation, Notification, Time Limitation, Exceptional Threat, Proportionality, Non-Discrimination, Compatibility, Concordance and Complementarity of the Various Norms of International Law (cf. "Question of Human Rights and State of Emergency", E/CN.4/Sub.2/1997/19, at Chapter II; see also état d'exception).
Article 4 to the ICCPR, permits states to derogate from certain rights guaranteed by the ICCPR in "time of public emergency". Any measures derogating from obligations under the Covenant, however, must be to only the extent required by the exigencies of the situation, and must be announced by the State Party to the Secretary-General of the United Nations. The European Convention on Human Rights and American Convention on Human Rights have similar derogatory provisions. No derogation is permitted to the International Labour Conventions.
Some, such as political theorist and Nazi Party member Carl Schmitt, have argued that the power to decide the initiation of the state of emergency defines sovereignty itself. In State of Exception (2005), Giorgio Agamben criticized this idea, arguing that the mechanism of the state of emergency deprives certain people of their civil and political rights, producing his interpretation of homo sacer.
Graduation
In many democratic states there are a selection of legal definitions for specific states of emergency, when the constitution of the State is partially in abeyance depending on the nature of the perceived threat to the general public. In order of severity these may include:
- Martial law: when civil rights are severely restricted by the imposition of military force within a Sovereign state, for example during a period of extreme threat of invasion or actual hostilities by foreign forces
- State of siege: when the civil rights of specified persons or groups such as political activists are likely to be curtailed, for example to prevent an insurrection or organized acts of treason by suspected agents provocateurs
- Civil emergency: dealing with disaster areas and requiring the deployment of extraordinary resources to contain dangerous situations such as natural disasters or extensive malicious property damage such as may occur during rioting or by arson. As well as regular emergency services, sometimes military forces may be assigned to deliver aid under especially dangerous conditions or to prevent looting
Law in selected countries
Argentina
The Constitution of Argentina, which has been amended several times, has always allowed for a state of emergency (literally estado de sitio, "state of siege"), to be declared if the constitution or the authorities it creates are endangered by internal unrest or foreign attack. This provision was much abused during dictatorships, with long-lasting states of siege giving the government a free hand to suppress opposition. The American Convention on Human Rights (Pacto de San José de Costa Rica), adopted in 1969 but ratified by Argentina only in 1984 immediately after the end of the National Reorganization Process, restricts abuse of the state of emergency by requiring any signatory nation declaring such a state to inform the other signatories of its circumstances and duration, and what rights are affected.
Australia
State-of-emergency legislation differs in each state of Australia. With regard to emergency management, regions (usually on a local government area basis) that have been affected by a natural disaster are the responsibility of the state, until that state declares a State of Emergency where access to the Federal Emergency Fund becomes available to help respond to and recover from natural disasters. A State of Emergency does not apply to the whole state, but rather districts or shires, where essential services may have been disrupted.
On 18 March 2020, a nationwide human biosecurity emergency was declared in Australia owing to the risks to human health posed by the coronavirus (COVID-19) pandemic, after the National Security Committee met the previous day. The Biosecurity Act 2015 specifies that the governor-general of Australia may declare such an emergency if the Health Minister is satisfied that "a listed human disease is posing a severe and immediate threat, or is causing harm, to human health on a nationally significant scale". This gives the Minister sweeping powers, including imposing restrictions or preventing the movement of people and goods between specified places, and evacuations. The Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) Declaration 2020 was declared by the Governor-General, David Hurley, under Section 475 of the Act.
Canada
The federal government of Canada can use the Emergencies Act to invoke a state of emergency. A national state of emergency automatically expires after 90 days, unless extended by the Governor-in-Council. There are different levels of emergencies: Public Welfare Emergency, Public Order Emergency, International Emergency, and War Emergency.
The Emergencies Act replaced the War Measures Act in 1988. The War Measures Act was invoked three times in Canadian history, most controversially by Prime Minister Pierre Trudeau during the 1970 October Crisis, and also by Prime Minister Robert Borden during World War I (from 1914 to 1920, against threat of Communism during the Revolutions of 1917–1923) and by Prime Minister William Lyon Mackenzie King during World War II (from 1942 to 1945, against perceived threat from Japanese Canadians following Imperial Japan's attack on Pearl Harbor).
Under the current Emergency Act a state of emergency can also be declared by provincial, territorial, and municipal governments. In addition Canada's federal government and any of its provincial governments can suspend, for five years at a time, Charter rights to fundamental freedoms in section 2, to legal rights in sections 7 through 14, and to equality rights in section 15 by legislation which invokes the notwithstanding clause, section 33, and therefore emergency powers can effectively be created even without using the Emergency Act.
Provincial governments can also invoke states of emergency, and have done to respond to at least 12 incidents during the 21st century.
The first usage of the Emergencies Act was invoked by Prime Minister Justin Trudeau on 14 February 2022 in response to the Freedom Convoy 2022 protests that occupied the capital of Ottawa. The Canadian House of Commons voted to approve the invocation 185–151 with support from the Liberal Party and the New Democratic Party and opposition from the Conservative Party and the Bloc Québécois. Prime Minister Trudeau previously considered invoking it at the beginning of the COVID-19 pandemic in April 2020, but faced unanimous disapproval from all thirteen provincial and territorial premiers at the Council of the Federation.
France
Three main provisions concern various kind of "state of emergency" in France: Article 16 of the Constitution of 1958 allows, in time of crisis, "extraordinary powers" to the president. Article 36 of the same constitution regulates "state of siege" (état de siège). Finally, the Act of 3 April 1955 allows the proclamation, by the Council of Ministers, of the "state of emergency" (état d'urgence). The distinction between article 16 and the 1955 Act concerns mainly the distribution of powers: whereas in article 16, the executive power basically suspend the regular procedures of the Republic, the 1955 Act permits a twelve-day state of emergency, after which a new law extending the emergency must be voted by the Parliament of France. These dispositions have been used at various times: three times during the Algerian War (in 1955, 1958 and 1961), in 1984 during violent pro-independence revolts in New Caledonia, during the 2005 riots, and following the 2015 Paris terrorist attacks.Since Then,9 Years Later on 2024 May 15 deadly riots have prompted France to declare a state emergency in New Caledonia.
Germany
The Weimar Constitution (1919–1933) allowed states of emergency under Article 48 to deal with rebellions. Article 48 was often invoked during the 14-year life of the Weimar Republic, sometimes for no reason other than to allow the government to act when it was unable to obtain a parliamentary majority.
After 27 February 1933, Reichstag fire, an attack blamed on the communists, Adolf Hitler declared a state of emergency using Article 48, and then had President Paul von Hindenburg sign the Reichstag Fire Decree, which suspended some of the basic civil liberties provided by the Weimar Constitution (such as habeas corpus, freedom of expression, freedom of the speech, the freedom to assemble or the privacy of communications) for the whole duration of the Third Reich. On 23 March, the Reichstag enacted the Enabling Act of 1933 with the required two-thirds majority, which enabled Chancellor Adolf Hitler and his cabinet to enact laws without legislative participation. The Weimar Constitution was never actually repealed by Nazi Germany, but it effectively became inoperable after the passage of the Enabling Act. These two laws implemented the Gleichschaltung, the Nazis' institution of totalitarianism.
In the postwar Federal Republic of Germany the Emergency Acts state that some of the basic constitutional rights of the Basic Law may be limited in case of a State of Defence, a state of tension, or an internal state of emergency or disaster (catastrophe). These amendments to the constitution were passed on 30 May 1968, despite fierce opposition by the so-called extra-parliamentary opposition (see German student movement for details).
Ireland
In Ireland declaring a state of "national emergency" involves Article 28.3.3° of the 1937 Constitution of Ireland, which states that:
Nothing in this Constitution [...] shall be invoked to invalidate any law enacted by the Oireachtas [parliament] which is expressed to be for the purpose of securing the public safety and the preservation of the State in time of war or armed rebellion, or to nullify any act done or purporting to be done in time of war or armed rebellion in pursuance of any such law.
In addition, during a "war or armed rebellion", military tribunals may try civilians, and the Defence Forces are not bound by habeas corpus.
The First Amendment of the Constitution of 1939 allows an emergency to be declared during wars in which the state is a non-belligerent, subject to resolutions by the houses of the Oireachtas. By the 2nd Amendment of 1941, an emergency ends, not automatically when the war does, but only by Oireachtas resolutions. The 21st Amendment of 2002 prevents the reintroduction of capital punishment during an emergency.
The first amendment was rushed through the Oireachtas after the outbreak of the Second World War, in which the state remained neutral. Immediately after, the required resolution was passed, in turn enabling the passage of the Emergency Powers Act 1939 (EPA), which granted the government and its ministers sweeping powers to issue statutory orders termed "Emergency Powers Orders" (EPOs). (The period in Ireland was and is referred to as "The Emergency".) The EPA expired in 1946, although some EPOs were continued under the Supplies and Services (Temporary Provisions) Act 1946 until as late as 1957. Rationing continued until 1951.
The 1939 state of emergency was not formally ended until a 1976 resolution, which also declared a new state of emergency in relation to the Troubles in Northern Ireland and in particular the recent assassination of the British ambassador to Ireland, Christopher Ewart Biggs. The Emergency Powers Act 1976 was then passed to increase the Garda Síochána powers to arrest, detain, and question those suspected of offences against the state. President Cearbhall Ó Dálaigh referred the bill under Article 26 of the Constitution to the Supreme Court, which upheld its constitutionality. The referral was condemned by minister Paddy Donegan as a "thundering disgrace", causing Ó Dálaigh to resign in protest. The 1976 EPA expired after one year, but the state of emergency persisted until 1995, when as part of the Northern Ireland peace process it was rescinded as a "confidence building measure" to satisfy physical force republicans after the Provisional IRA's 1994 ceasefire.
The Offences against the State Act does not require a state of emergency under Article 28.3.3°. Part V of the Act, which provides for a non-jury Special Criminal Court (SCC), is permitted under Article 38.3.1°. Part V is activated by a declaration from the government that it is "necessary to secure the preservation of public peace and order", and it can be rescinded by vote of Dáil Éireann. Provision for internment is similarly activated and rescinded (originally by Part VI of the 1939 act, later by Part II of a 1940 amending act). Parts V and VI were both activated during the Second World War and the IRA's late 1950s Border Campaign; Part V has been continually active since 1972.
Several official reviews of the Constitution and the Offences Against the State Acts have recommended a time limit within which the operation of Article 28.3.3° or Article 38.3.1° must either be explicitly renewed by resolution or else lapse.
Israel
The Israeli state of emergency, authorized by the Emergency Defence Regulations, is older than the state itself, having been passed under the British Mandate for Palestine in 1945. A repeal was briefly considered in 1967 but cancelled following the Six-Day War. The regulations allow Israel, through its military, to control movements and prosecute suspected terrorists in occupied territories, and to censor publications that are deemed prejudicial to national defense.
New Zealand
The Civil Defence Emergency Management Act 2002 gives the New Zealand Government and local-body councils the power to issue a state of emergency, either over the entire country or within a specific region. This may suspend ordinary work and essential services if need be. States of emergency in New Zealand expire on the commencement of the seventh day after the date of a declaration unless extended. However, the Minister of Civil Defence or a local mayor may lift a state of emergency after an initial review of a region's status.
- In 1951, the First National Government issued emergency regulations in response to that year's waterfront dispute.
- On 23 February 2011 at 11.28 am the Minister of Civil Defence John Carter declared the first state of national emergency (for a civil-defence emergency) in New Zealand's history in response to the 22 February 2011 Christchurch earthquake. A local state of emergency was declared by mayors of Christchurch City, Selwyn District and Waimakariri District following 4 September 2010 Canterbury earthquake.
- On 25 March 2020 at 12.21 pm, the Minister for Civil Defense Peeni Henare declared a state of national emergency in response to the total cases of COVID-19 reaching 205. Combined with an epidemic notice issued under the Epidemic Preparedness Act 2006, the state of emergency declaration enabled authorities to close most premises in New Zealand and enforce a nationwide lockdown. This also provided access to special powers to combat COVID-19, including powers of requisition and closing roads and restricting movement. Director of Civil Defence Emergency Management Sarah Stuart-Black said these powers sat alongside other powers to ensure essential services could stay up and running. The state of national emergency was renewed four times, to last for a total of five weeks.
- On 14 February 2023 at 8:43 am, the Minister for Civil Defense Kieran McAnulty declared a state of national emergency in response to Cyclone Gabrielle reaching New Zealand and causing flooding and evacuations.
Spain
In Spain, there are three degrees of state of emergency (estado de emergencia in Spanish): alarma (alarm or alert), excepción (exception[al circumstance]) and sitio (siege). They are named by the constitution, which limits which rights may be suspended, but regulated by the "Ley Orgánica 4/1981" (Organic Law).
On 4 December 2010, the first state of alert was declared following the air traffic controllers strike. It was the first time since the Francisco Franco's regime that a state of emergency was declared. The second state of alert was declared on 14 March 2020 due to the coronavirus pandemic. The third state of alert was declared before the end of October 2020 given the difficulties to control the spread of said pandemic.
United Kingdom
In the United Kingdom, only the British Sovereign, on the advice of the Privy Council, or a Minister of the Crown in exceptional circumstances, has the power to introduce emergency regulations under the Civil Contingencies Act 2004, in case of an emergency, broadly defined as war or attack by a foreign power, terrorism which poses a threat of serious damage to the security of the UK, or events which threaten serious damage to human welfare or the environment of a place in the UK. The duration of these regulations is limited to thirty days, but may be extended by Parliament. A state of emergency was last invoked in 1974 by Prime Minister Edward Heath in response to increasing industrial action.
The act grants wide-ranging powers to central and local government in the event of an emergency. It allows the modification of primary legislation by emergency regulation, with the exception of the Human Rights Act 1998 and Part 2 of the Civil Contingencies Act 2004.
United States
The United States Constitution implicitly provides some emergency powers in the article about the executive power:
- Congress may authorize the government to call forth the militia to execute the laws, suppress an insurrection or repel an invasion.
- Congress may authorize the government to suspend consideration of writs of habeas corpus "when in cases of rebellion or invasion the public safety may require it."
- Felony charges may be brought without presentment or grand jury indictment in cases arising "in the militia, when in actual service in time of war or public danger."
- A state government may engage in war without Congress's approval if "actually invaded, or in such imminent Danger as will not admit of delay."
Aside from these, many provisions of law exist in various jurisdictions, which take effect only upon an executive declaration of emergency; some 500 federal laws take effect upon a presidential declaration of emergency. The National Emergencies Act regulates this process at the federal level. It requires the President to specifically identify the provisions activated and to renew the declaration annually so as to prevent an arbitrarily broad or open-ended emergency. Presidents have occasionally taken action justified as necessary or prudent because of a state of emergency, only to have the action struck down in court as unconstitutional.
A state governor or local mayor may declare a state of emergency within their jurisdiction. This is common at the state level in response to natural disasters. The Federal Emergency Management Agency maintains a system of assets, personnel and training to respond to such incidents. For example, on 10 December 2015, Washington state Governor Jay Inslee declared a state of emergency due to flooding and landslides caused by heavy rains.
The 1977 International Emergency Economic Powers Act allows the government to freeze assets, limit trade and confiscate property in response to an "unusual and extraordinary threat" to the United States that originates substantially outside of it. As of 2015 more than twenty emergencies under the IEEPA remain active regarding various subjects, the oldest of which was declared in 1979 with regard to the government of Iran. Another ongoing national emergency, declared after the September 11 attacks, authorizes the president to retain or reactivate military personnel beyond their normal term of service.
In 2020, it was common for states to enact a state of emergency due to the COVID-19 pandemic.
See also
- Arbitrary arrest and detention
- Article 48 (Weimar Constitution)
- Continuity of Government Plan
- Due process
- Force majeure
- International humanitarian law
- Search and seizure
- Senate Report 93-549
- Snow emergency
- State of exception
- Unitary executive theory
- Presidential Emergency Action Documents
