State of emergency
Encyclopedia
A state of emergency is a government
al declaration that may suspend some normal functions of the executive, legislative and judicial powers, alert citizens to change their normal behaviours, or order government agencies to implement emergency preparedness plans. It can also be used as a rationale for suspending rights and freedoms, even if guaranteed under the constitution. Such declarations usually come during a time of natural or man made disaster, during periods of civil unrest, or following a declaration of war
or situation of international or internal armed conflict. Justitium
is its equivalent in Roman law
.
In some countries, the state of emergency and its effects on human rights and freedoms and governmental procedure are regulated by the constitution
and/or a law that limits the powers that may be invoked. Rights and freedoms may be suspended during an emergency, for instance, freedom of movement, but not non-derogable
rights. In many countries it is illegal to modify the emergency law or the constitution during the emergency.
regimes often declare a state of emergency that is prolonged indefinitely for the life of the regime. 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. Ms. Nicole Questiaux
(France) and Mr. 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 International Covenant on Civil and Political Rights
(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 only be to 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 and American Conventions on Human Rights have similar derogatory provisions. No derogation is permitted to the International Labour Conventions.
Some political theorists, such as 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
.
(USSR) where the coup leaders invoked a state of emergency; the failure of the coup led to the dissolution of the Soviet Union
.
Derogations by states having ratified or acceeded to binding international agreements such as the ICCPR, the American and European Conventions on Human Rights and the International Labour Conventions are monitored by independent expert committees, regional Courts and other State Parties.
(Pacto de San José de Costa Rica), adopted in 1969 but only ratified by Argentina 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.
In Victoria
, the premier can declare a state of emergency if there is a threat to employment, safety or public order. The declaration expires after 30 days, and a resolution of either the upper or lower House of Parliament may revoke it earlier. Under the Public Safety Preservation Act, a declared state of emergency allows the premier to immediately make any desired regulations to secure public order and safety. However, these regulations expire if Parliament does not agree to continue them within 7 days. Also, under the Essential Services Act, the premier (or delegate) may operate or prohibit operation of, as desired, any essential service (e.g., transport, fuel, power, water, gas).
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 during the FLQ Crisis
. During World War I
(against threat of Communism from 1914 to 1920) and World War II
(perceived threat by Japanese Canadians after Pearl Harbor from 1942 to 1945) the Act was enacted for the duration of both of the two world wars.
Under the current Emergency Act a state of emergency can also be declared by provincial, territorial, and municipal governments. Since Canada's federal government and any of its provincial governments can suspend for five years at a time the Charter rights to fundamental freedoms in section 2, to legal rights in sections 7 through 14, and to equality rights in section 15 by a simple majority vote of the legislature which invokes the Charter of Rights and Freedoms' override clause, section 33, emergency powers can always be very easily created even without using the Emergency Act.
without a specific suspicion. Such an order must be issued in writing, published, and imposed for a limited period. The police law (article 6) regulates this area. The normal procedure calls for assisting the suspect to a private area and stripping them.
If the police feel that a situation involving a crowd of people can get out of hand, they can call for mass arrest
of all people in an area and detain them for six hours without charging them. This is called a precluding arrest
.
ians have been living under an Emergency Law (Law No. 162 of 1958) since 1967, except for an 18-month break in 1980. The emergency was imposed during the 1967 Arab-Israeli War
, and reimposed following the assassination
of President Anwar Sadat
. The law has been continuously extended every three years since 1981. Under the law, police powers are extended, constitutional rights suspended and censorship
is legalized. The law sharply circumscribes any non-governmental political activity: street demonstrations
, non-approved political organizations, and unregistered financial donations are formally banned. Some 17,000 people are detained under the law, and estimates of political prisoner
s run as high as 30,000.
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 April 3, 1955 Act 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. These dispositions have been used at various times, in 1955, 1958, 1961, 1988 and 2005 (see below).
The state of emergency in France is framed by the Constitution of 1958
, which states that it can be decreed by the Président de la république in the Council of Ministers, but must be confirmed by Parliament in order to be held after 12 days.
State of emergency gives authorities the power to:
It may also give the military authority the power to act in place of civilian authorities, if a decree specifies it explicitly. It is unclear, however, how some of the legal possibilities can be implemented due to various legal changes since the 1950s.
Article 16 of the Constitution gives the head of government "extraordinary powers" in exceptional cases, leading to an effective "state of exception":
The conditions are both that the state is confronted to exceptional circumstances and that the regular institutions are disrupted and cannot effectively govern. This amendment to the Constitution of the Fifth Republic
has been qualified as "liberticide" by critics. Invoked on 23 April 1961 during the Algerian War; normal functioning of institutions was quickly restored.
In the judgment Rubin de Servens of March 2, 1962, the Conseil d'État judged that he could not himself invoke article 16, as that constituted an "act of government". Furthermore, the State Council considered that it could only pronounce on rulings which were not legislative acts carried out during this period. Thus, a legislative measure (although the role of Parliament is not specified, just that it is not to be dissolved) which breaches fundamental liberties cannot be appealed against before the Conseil d'État.
Article 36 of the Constitution is concerned with the state of siege (in French), which can be decreed by the Council of Ministers for a period of twelve days which can only be extended with the approval of the Parliament. A state of siege may be declared in case of an "imminent peril resulting from a foreign war [guerre étrangère, or simply "war"] or an armed insurrection
(une insurrection à main armée). Military authorities may take police powers if they judge it necessary. Fundamental liberties may be restricted, such as the right of association, legalization of searches in private places day and night, the power to expel people who have been condemned for common law matters or people who do not have the right of residence in the territory, etc.
Since 1955 a state of emergency has been decreed five times:
In 1972 the Common Program of the Left (issued from an alliance between the Socialist Party
and the Communist Party) proposed to repeal article 16. François Mitterrand
's program in 1981 did not include this proposition. The Socialist government of Pierre Bérégovoy
included a reform of this article in its project of Constitutional reform in 1992, but the project was not implemented. Also in 1992, the Vedel Commission created by François Mitterrand
proposed to give to the Conseil Constitutionnel (Constitutional Council), on the concerted initiative of the President of the Republic and the presidents of the Assemblies, the mission to determine that the conditions required for the use of article 16 were in fact met.
On July 23, 2008 a constitutional act was passed which, among other amendments, added a paragraph to article 16 of the Constitution which stated that after 30 days the Constitutional Council
can be requested to determine whether the conditions that justified the use of article 16 are still current; the ruling is public. At any time beyond 60 days the Council rules on this issue without the need for a referral.
constitution allowed states of emergency under Article 48
to deal with rebellions. Article 48 was often invoked during the 14-year life of the Republic, sometimes for no reason other than to allow the government to act when it was unable to obtain a parliament
ary majority.
After the February 27, 1933 Reichstag fire
, an attack blamed on the communists
, Adolf Hitler
declared a state of emergency using Article 48, and then had President von Hindenburg
sign the Reichstag Fire Decree
, which suspended the Weimar Constitution
for the whole duration of the Third Reich: the Weimar Constitution was never actually repealed by Nazi Germany
, but "indefinitely suspended". After the prohibition of the Communist Party of Germany
on March 1, 1933, the NSDAP (Nazi Party) had hands free to vote in the March 23, 1933 Enabling Act, which enabled Chancellor Adolf Hitler and his cabinet to enact laws without the participation of the Reichstag. 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 May 30, 1968 despite fierce opposition by the so-called extraparliamentary opposition (see German student movement for details).
can declare a state of emergency and deploy troops from the People's Liberation Army Hong Kong Garrison
under the Law of the People's Republic of China on the garrisoning of the Hong Kong Special Administrative Region.
The Chief Executive of Hong Kong
along with the Executive Council
can prohibit public gatherings, issue curfew
orders, prohibit the movement of vessels or aircraft and appoint special constable all under Chapter 245 ("Public Order Ordinance") of Hong Kong Law.
Since 1997 no emergency measure have been enacted. Prior to 1997 emergency measures have been used for 4 major incidents:
Constitution, the National Assembly of Hungary
can declare state of emergency in case of armed rebellion or natural or industrial disaster. It expires after 30 days, but can be extended. Most civil rights can be suspended, but basic human rights (such as the right to live, the ban of torture, and freedom of religion) cannot.
During state of emergency, the Parliament cannot be disbanded.
In 1975, Prime Minister
Indira Gandhi
declared a state of internal emergency after she was indicted in a corruption scandal and ordered to vacate her seat in the Indian Parliament, allowing herself to rule by decree
until 1977. It all started after maverick socialist Raj Narain
, who had been defeated in parliamentary election by Indira Gandhi, lodged cases of election fraud and use of state machinery for election purposes against Mrs. Indira Gandhi in the Allahabad High Court. On 12 June 1975, Justice Jagmohanlal Sinha of the Allahabad High Court found the Prime Minister guilty on the charge of misuse of government machinery for her election campaign. The court declared her election null and void and unseated her from her seat in the Lok Sabha. The court also banned her from contesting any election for an additional six years. Some serious charges such as bribing voters and election malpractices were dropped and she was held responsible for misusing the government machinery, and found guilty on charges such as using the state police to build a dais, availing the services of a government officer, Yashpal Kapoor (IAS), during the elections before he had resigned from his position, and use of electricity from the state electricity department. Protests led by J.P.Narayan, Raj Narain, Satyendra Narayan Sinha and Morarji Desai flooded the streets of Delhi close to the Parliament building and the Prime Minister's residence.The persistent efforts of Raj Narain
, was praised worldwide as it took him over four years of continuous political and legal battle against system and Mrs Indira Gandhi to prove his charges. This instilled the faith in Indian Democracy
and Judiciary
. Political opposition was heavily suppressed during the emergency. Civil liberties
were suspended and a mandatory birth control program was introduced by the government. The Government used police forces across the country to arrest thousands of protestors and strike leaders. J.P. Narayan, Raj Narain, Morarji Desai, Charan Singh, Jivatram Kripalani, Atal Bihari Vajpayee, L.K. Advani, Satyendra Narayan Sinha and other protest leaders were immediately arrested. Organizations such as the Rashtriya Swayamsevak Sangh, along with some opposition political parties were banned. Nearly two years later, confident about her chances of getting re-elected, Indira Gandhi
relaxed the emergency and released dissidents. Mrs. Gandhi called new elections and freed her critics, Mr.Raj Narain
and his colleagues rode a popular wave of unrest to defeat her and her Government. Raj Narain
won decisively in the Prime Minister's home constituency of Rae Bareli. The victory of Mr Raj Narain
over Prime Minister Smt. Indira Gandhi
in 1977 parliamentary elections in Rai Bareilly (U.P-India) led to the fall of long era of Congress led central government in India, after independence and brought everlasting change in political equations thereafter in Indian politics, even today.
, "no article of the Constitution may be invoked to invalidate any law enacted by the Oireachtas
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". The time of war or armed rebellion includes actions outside the state itself, and is not limited in time to the duration of the war or armed rebellion. A state of emergency was declared in 1939 at the outbreak of the Second World War, though Ireland was not a participant (The period was and is referred to as The Emergency in Ireland). This state of emergency was not technically lifted until 1972, and was succeeded by a second state of emergency to deal with the Troubles
in Northern Ireland
, which lasted until the IRA
ceasefire in 1994.
can declare a state of emergency and deploy troops from the People's Liberation Army Macau Garrison under the Article 14 of Macau's Basic Law on the defence of the Macau Special Administrative Region.
The Chief Executive of Macau
can use the Macau national security law
to prohibit public gatherings, issue curfew
orders, prohibit other activities perceived to be a threat against the Region or China.
Since 1999 no emergency measure have been enacted. Prior to 1999 emergency measures have been used for 1 major incident:
is satisfied that a grave emergency exists whereby the security, or the economic life, or public order in the Federation or any part thereof is threatened, he may issue a Proclamation of Emergency making therein a declaration to that effect.
In the history of Malaysia, a state of emergency was declared by the then-colonial government of Britain. The state of emergency lasted from 1948 until 1960 to deal with the communists
led by Chin Peng
.
States of emergency were also declared during the Indonesia-Malaysia confrontation
in 1962, the 1966 Sarawak constitutional crisis
and 1977 Kelantan Emergency
.
When a race riot
broke out on May 13, 1969, a state of emergency was declared.
Thiery Rommel, the European Commission's envoy to Malaysia, told Reuters by telephone on November 13, 2007 (the last day of his mission) that, "Today, this country still lives under (a state of) emergency." Although not officially proclaimed as a state of emergency, the Emergency Ordinance and the Internal Security Act had allowed detention for years without trial.
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. The state of emergency in New Zealand expires on the commencement of the seventh day after the date on which it was declared, unless it is extended. However, the minister of civil defence or local mayor may lift the state of emergency after an initial review of the region's status.
The first three were regarded as the imposition of direct martial law
. In 2007 a 'state of emergency' was declared.
, which limits which rights may be suspended, but regulated by the "Ley Orgánica 4/1981" (Organic Law
).
On December 4, 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.
on 21 August 2011 at 8:00 pm announced a State of Emergency in an attempt to crackdown on the trafficking of illegal drugs and firearms, in addition to gangs.
The decision of the President, George Maxwell Richards
, to issue the proclamation for the State of Emergency was debated in the country's Parliament
as required by the Constitution on September 2, 2011 and passed by the required simple majority of the House of Representatives.
Debate on a 3-month first extension of the State of Emergency is in progress before the Parliament on September 3. On September 4 the Parliament has extended the State Of Emergency for a further 3 months.
The last time a State of emergency was declared was in 1970 Black Power Revolution
& July 27 - August 1, 1990 in the attempted state coup
by the Jamaat al Muslimeen
against the NAR government of the then Prime Minister A. N. R. Robinson
.
in 1923 the military
conducted three coup d'état
s and announced martial law
. Martial law between 1978 and 1983 was replaced by a state of emergency that lasted until November 2002.
, the Privy Council
, or the Prime Minister
can make emergency regulations under the Civil Contingencies Act 2004
if there is a serious threat to human welfare, the environment, or in case of war or terrorism. These regulations last for seven days unless confirmed otherwise by Parliament
.
A state of emergency was last invoked in 1974 by Prime Minister Edward Heath
in response to increasing industrial action
.
or local mayor
may declare a state of emergency within his or her jurisdiction
. This is common at the state level in response to natural disasters.
The president of the United States, as head of the executive branch, has the authority to declare a federal state of emergency. The only emergency provisions in the U.S. Constitution are: "The Privilege of the Writ of Habeas Corpus
shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it." and an exemption from the privilege of a grand jury
hearing for cases arising in the military when in service in a time of "public danger".
Habeas corpus
was suspended on April 27, 1861 during the American Civil War
by Abraham Lincoln
in parts of Maryland
and some midwestern states, including southern Indiana
. He did so in response to demands by generals to set up military courts to rein in "copperheads", those in the Union who supported the Confederate
cause. Lambdin P. Milligan
and four others were accused of planning to steal Union weapons and invade Union prisoner-of-war camp
s, and were sentenced to hang by a military court in 1864. However, their execution was not set until May 1865, so they were able to argue the case after the Civil War. It was decided in the Supreme Court
case Ex Parte Milligan
71 US 2 1866 that the suspension was unconstitutional because civilian courts were still operating, and the Constitution only provided for suspension of habeas corpus if these courts are actually forced closed.
On December 16, 1950, during the Korean War
, President Truman issued Presidential Proclamation No. 2914, declaring a state of national emergency. The Supreme Court ruling in Youngstown Sheet & Tube Co. v. Sawyer
established, in 1952, that presidents may not act contrary to Acts of Congress during an emergency.
During the Watergate scandal
which erupted in the 1970s after President Richard Nixon
authorized a variety of illegal acts, Congress investigated the extent of the President's powers and belatedly realized that the U.S. had been in a continuous state of emergency since 1950. As a result, in 1976 the National Emergencies Act
set a limit of two years on emergency declarations unless the president explicitly extends them, and requiring the president to specify in advance which legal provisions will be invoked. The Act terminated the emergency of 1950 on September 14, 1978; however, even in the 21st century, the federal courts have upheld harsh penalties (including deportation) for crimes that occurred during the state of national emergency from 1950 to 1978, where the penalties were escalated because of the existence of that emergency.
The 1977 International Emergency Economic Powers Act
allows freezing of assets, limiting of trade, and confiscation of property during a declared emergency.
A federal emergency declaration allows the United States Federal Emergency Management Agency
(FEMA) to exercise its power to deal with emergency situations; federal assistance also becomes available to areas that are declared to be in a state of emergency. For FEMA, emergency declarations are different from the more common disaster declarations done for hurricanes and floods. Typically, a state of emergency empowers the executive to name coordinating officials to deal with the emergency and to override normal administrative processes regarding the passage of administrative rules.
The United States is formally in an ongoing limited state of emergency declared by several Presidents for several reasons. A state of emergency began on January 24, 1995 with the signing of Executive Order 12947 by President Bill Clinton
. In accordance with the National Emergencies Act, the executive order's actual effect was not a declaration of a general emergency, but a limited embargo on trade with "Terrorists Who Threaten To Disrupt the Middle East Peace Process". This "national emergency" was expanded in 1998 to include additional targets such as Osama bin Laden
, and has been continued to at least 2008 by order of President George W. Bush
. There are a number of other ongoing national emergencies of this type, regarding for instance diamond trade with Sierra Leone
. Especially noteworthy are the ongoing states of emergency declared on November 14, 1979 regarding the Iran Hostage Crisis
, that declared on March 15, 1995 with respect to Iran
, and that declared on September 14, 2001 through Bush's Proclamation 7463, regarding the terrorist attacks of September 11, 2001.
President Barack Obama
extended George Bush's Declaration of Emergency regarding terrorism on September 10, 2009 and again on September 10, 2010.
Government
Government refers to the legislators, administrators, and arbitrators in the administrative bureaucracy who control a state at a given time, and to the system of government by which they are organized...
al declaration that may suspend some normal functions of the executive, legislative and judicial powers, alert citizens to change their normal behaviours, or order government agencies to implement emergency preparedness plans. It can also be used as a rationale for suspending rights and freedoms, even if guaranteed under the constitution. Such declarations usually come during a time of natural or man made disaster, during periods of civil unrest, or following a declaration of war
Declaration of war
A declaration of war is a formal act by which one nation goes to war against another. The declaration is a performative speech act by an authorized party of a national government in order to create a state of war between two or more states.The legality of who is competent to declare war varies...
or situation of international or internal armed conflict. Justitium
Justitium
Justitium is a concept of Roman law, equivalent to the declaration of the state of emergency. It was usually declared following a sovereign's death, during the troubled period of interregnum, but also in case of invasions...
is its equivalent in Roman law
Roman law
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
.
In some countries, the state of emergency and its effects on human rights and freedoms and governmental procedure are regulated by the constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
and/or a law that limits the powers that may be invoked. Rights and freedoms may be suspended during an emergency, for instance, freedom of movement, but not non-derogable
Derogation
Derogation is the partial revocation of a law, as opposed to abrogation or the total abolition of a law. The term is used in both civil law and common law. It is sometimes used, loosely, to mean abrogation, as in the legal maxim: Lex posterior derogat priori, i.e...
rights. In many countries it is illegal to modify the emergency law or the constitution during the emergency.
Use and viewpoints
Though fairly uncommon in democracies, dictatorialDictatorship
A dictatorship is defined as an autocratic form of government in which the government is ruled by an individual, the dictator. It has three possible meanings:...
regimes often declare a state of emergency that is prolonged indefinitely for the life of the regime. In some situations, martial law
Martial law
Martial law is the imposition of military rule by military authorities over designated regions on an emergency basis— only temporary—when the civilian government or civilian authorities fail to function effectively , when there are extensive riots and protests, or when the disobedience of the law...
is also declared, allowing the military
Military
A military is an organization authorized by its greater society to use lethal force, usually including use of weapons, in defending its country by combating actual or perceived threats. The military may have additional functions of use to its greater society, such as advancing a political agenda e.g...
greater authority to act. In other situations, emergency is not declared and de facto measures taken or decree-law adopted by the government. Ms. Nicole Questiaux
Nicole Questiaux
Nicole Questiaux is a French politician. She served as the Minister of National Solidarity from 1981 to 1983, under former President François Mitterand.-Biography:...
(France) and Mr. 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 International Covenant on Civil and Political Rights
International Covenant on Civil and Political Rights
The International Covenant on Civil and Political Rights is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from March 23, 1976...
(ICCPR), permits states to derogate
Derogation
Derogation is the partial revocation of a law, as opposed to abrogation or the total abolition of a law. The term is used in both civil law and common law. It is sometimes used, loosely, to mean abrogation, as in the legal maxim: Lex posterior derogat priori, i.e...
from certain rights guaranteed by the ICCPR in "time of public emergency". Any measures derogating from obligations under the Covenant, however, must only be to 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 and American Conventions on Human Rights have similar derogatory provisions. No derogation is permitted to the International Labour Conventions.
Some political theorists, such as Carl Schmitt
Carl Schmitt
Carl Schmitt was a German jurist, philosopher, political theorist, and professor of law.Schmitt published several essays, influential in the 20th century and beyond, on the mentalities that surround the effective wielding of political power...
, have argued that the power to decide the initiation of the state of emergency defines sovereignty
Sovereignty
Sovereignty is the quality of having supreme, independent authority over a geographic area, such as a territory. It can be found in a power to rule and make law that rests on a political fact for which no purely legal explanation can be provided...
itself. In State of Exception (2005), Giorgio Agamben
Giorgio Agamben
Giorgio Agamben is an Italian political philosopher best known for his work investigating the concepts of the state of exception and homo sacer....
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
Homo sacer
Homo sacer is a figure of Roman law: a person who is banned, may be killed by anybody, but may not be sacrificed in a religious ritual....
.
Abuse
The state of emergency can be abused by being invoked, for example, to allow a state to suppress internal opposition without having to respect human rights. An example was the August 1991 attempted coup in the Soviet UnionSoviet Union
The Soviet Union , officially the Union of Soviet Socialist Republics , was a constitutionally socialist state that existed in Eurasia between 1922 and 1991....
(USSR) where the coup leaders invoked a state of emergency; the failure of the coup led to the dissolution of the Soviet Union
Dissolution of the Soviet Union
The dissolution of the Soviet Union was the disintegration of the federal political structures and central government of the Union of Soviet Socialist Republics , resulting in the independence of all fifteen republics of the Soviet Union between March 11, 1990 and December 25, 1991...
.
Derogations by states having ratified or acceeded to binding international agreements such as the ICCPR, the American and European Conventions on Human Rights and the International Labour Conventions are monitored by independent expert committees, regional Courts and other State Parties.
Argentina
The Constitution, 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 ( state of emergencies had been declared 52 times by democratic and dictatorial governments, starting in 1854 shortly after the constitution came into force). The American Convention on Human RightsAmerican Convention on Human Rights
The American Convention on Human Rights is an international human rights instrument.It was adopted by the nations of the Americas meeting in San José, Costa Rica, in 22 November 1969...
(Pacto de San José de Costa Rica), adopted in 1969 but only ratified by Argentina in 1984 immediately after the end of the National Reorganization Process
National Reorganization Process
The National Reorganization Process was the name used by its leaders for the military government that ruled Argentina from 1976 to 1983. In Argentina it is often known simply as la última junta militar or la última dictadura , because several of them existed throughout its history.The Argentine...
, 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.In Victoria
Victoria (Australia)
Victoria is the second most populous state in Australia. Geographically the smallest mainland state, Victoria is bordered by New South Wales, South Australia, and Tasmania on Boundary Islet to the north, west and south respectively....
, the premier can declare a state of emergency if there is a threat to employment, safety or public order. The declaration expires after 30 days, and a resolution of either the upper or lower House of Parliament may revoke it earlier. Under the Public Safety Preservation Act, a declared state of emergency allows the premier to immediately make any desired regulations to secure public order and safety. However, these regulations expire if Parliament does not agree to continue them within 7 days. Also, under the Essential Services Act, the premier (or delegate) may operate or prohibit operation of, as desired, any essential service (e.g., transport, fuel, power, water, gas).
Canada
The federal government of CanadaPolitics of Canada
The politics of Canada function within a framework of parliamentary democracy and a federal system of parliamentary government with strong democratic traditions. Canada is a constitutional monarchy, in which the Monarch is head of state...
can use the Emergencies Act
Emergencies Act
The Emergencies Act is an Act of the Parliament of Canada to authorize the taking of special temporary measures to ensure safety and security during national emergencies and to amend other Acts in consequence thereof....
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
War Measures Act
The War Measures Act was a Canadian statute that allowed the government to assume sweeping emergency powers in the event of "war, invasion or insurrection, real or apprehended"...
in 1988. The War Measures Act was invoked three times in Canadian history, most controversially during the FLQ Crisis
October Crisis
The October Crisis was a series of events triggered by two kidnappings of government officials by members of the Front de libération du Québec during October 1970 in the province of Quebec, mainly in the Montreal metropolitan area.The circumstances ultimately culminated in the only peacetime use...
. During World War I
World War I
World War I , which was predominantly called the World War or the Great War from its occurrence until 1939, and the First World War or World War I thereafter, was a major war centred in Europe that began on 28 July 1914 and lasted until 11 November 1918...
(against threat of Communism from 1914 to 1920) and World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
(perceived threat by Japanese Canadians after Pearl Harbor from 1942 to 1945) the Act was enacted for the duration of both of the two world wars.
Under the current Emergency Act a state of emergency can also be declared by provincial, territorial, and municipal governments. Since Canada's federal government and any of its provincial governments can suspend for five years at a time the Charter rights to fundamental freedoms in section 2, to legal rights in sections 7 through 14, and to equality rights in section 15 by a simple majority vote of the legislature which invokes the Charter of Rights and Freedoms' override clause, section 33, emergency powers can always be very easily created even without using the Emergency Act.
Denmark
The police chief in a district can impose a zone in which people can be body searchedStrip search
A strip search is the stripping of a person to check for weapons or other contraband.-Legality of strip searches:...
without a specific suspicion. Such an order must be issued in writing, published, and imposed for a limited period. The police law (article 6) regulates this area. The normal procedure calls for assisting the suspect to a private area and stripping them.
If the police feel that a situation involving a crowd of people can get out of hand, they can call for mass arrest
Mass arrest
A mass arrest occurs when the police apprehend large numbers of suspects at once. This sometimes occurs at illegal protests. Some mass arrests are also used in an effort combat gang activity. This is sometimes controversial, and lawsuits sometimes result...
of all people in an area and detain them for six hours without charging them. This is called a precluding arrest
Preventive detention
Preventive detention is an imprisonment that is not imposed as the punishment for a crime, but in order to prevent a person from committing a crime, if that person is deemed likely to commit a crime....
.
Egypt
EgyptEgypt
Egypt , officially the Arab Republic of Egypt, Arabic: , is a country mainly in North Africa, with the Sinai Peninsula forming a land bridge in Southwest Asia. Egypt is thus a transcontinental country, and a major power in Africa, the Mediterranean Basin, the Middle East and the Muslim world...
ians have been living under an Emergency Law (Law No. 162 of 1958) since 1967, except for an 18-month break in 1980. The emergency was imposed during the 1967 Arab-Israeli War
Six-Day War
The Six-Day War , also known as the June War, 1967 Arab-Israeli War, or Third Arab-Israeli War, was fought between June 5 and 10, 1967, by Israel and the neighboring states of Egypt , Jordan, and Syria...
, and reimposed following the assassination
Assassination
To carry out an assassination is "to murder by a sudden and/or secret attack, often for political reasons." Alternatively, assassination may be defined as "the act of deliberately killing someone, especially a public figure, usually for hire or for political reasons."An assassination may be...
of President Anwar Sadat
Anwar Sadat
Muhammad Anwar al-Sadat was the third President of Egypt, serving from 15 October 1970 until his assassination by fundamentalist army officers on 6 October 1981...
. The law has been continuously extended every three years since 1981. Under the law, police powers are extended, constitutional rights suspended and censorship
Censorship
thumb|[[Book burning]] following the [[1973 Chilean coup d'état|1973 coup]] that installed the [[Military government of Chile |Pinochet regime]] in Chile...
is legalized. The law sharply circumscribes any non-governmental political activity: street demonstrations
Demonstration (people)
A demonstration or street protest is action by a mass group or collection of groups of people in favor of a political or other cause; it normally consists of walking in a mass march formation and either beginning with or meeting at a designated endpoint, or rally, to hear speakers.Actions such as...
, non-approved political organizations, and unregistered financial donations are formally banned. Some 17,000 people are detained under the law, and estimates of political prisoner
Political prisoner
According to the Longman Dictionary of Contemporary English, a political prisoner is ‘someone who is in prison because they have opposed or criticized the government of their own country’....
s run as high as 30,000.
France
Three main dispositions concern various kind of "state of emergency" in France: article 16 of the Constitution of 1958Constitution of France
The current Constitution of France was adopted on 4 October 1958. It is typically called the Constitution of the Fifth Republic, and replaced that of the Fourth Republic dating from 1946. Charles de Gaulle was the main driving force in introducing the new constitution and inaugurating the Fifth...
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 April 3, 1955 Act 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. These dispositions have been used at various times, in 1955, 1958, 1961, 1988 and 2005 (see below).
The state of emergency in France is framed by the Constitution of 1958
Constitution of France
The current Constitution of France was adopted on 4 October 1958. It is typically called the Constitution of the Fifth Republic, and replaced that of the Fourth Republic dating from 1946. Charles de Gaulle was the main driving force in introducing the new constitution and inaugurating the Fifth...
, which states that it can be decreed by the Président de la république in the Council of Ministers, but must be confirmed by Parliament in order to be held after 12 days.
State of emergency gives authorities the power to:
- Regulate or forbid circulation and gathering in some areas (including by the use of curfewCurfewA curfew is an order specifying a time after which certain regulations apply. Examples:# An order by a government for certain persons to return home daily before a certain time...
) - Close places of gathering
- Conduct house-to-house searches at any time without judicial oversight
- CensorshipCensorshipthumb|[[Book burning]] following the [[1973 Chilean coup d'état|1973 coup]] that installed the [[Military government of Chile |Pinochet regime]] in Chile...
It may also give the military authority the power to act in place of civilian authorities, if a decree specifies it explicitly. It is unclear, however, how some of the legal possibilities can be implemented due to various legal changes since the 1950s.
Article 16 of the Constitution gives the head of government "extraordinary powers" in exceptional cases, leading to an effective "state of exception":
The conditions are both that the state is confronted to exceptional circumstances and that the regular institutions are disrupted and cannot effectively govern. This amendment to the Constitution of the Fifth Republic
French Fifth Republic
The Fifth Republic is the fifth and current republican constitution of France, introduced on 4 October 1958. The Fifth Republic emerged from the collapse of the French Fourth Republic, replacing the prior parliamentary government with a semi-presidential system...
has been qualified as "liberticide" by critics. Invoked on 23 April 1961 during the Algerian War; normal functioning of institutions was quickly restored.
In the judgment Rubin de Servens of March 2, 1962, the Conseil d'État judged that he could not himself invoke article 16, as that constituted an "act of government". Furthermore, the State Council considered that it could only pronounce on rulings which were not legislative acts carried out during this period. Thus, a legislative measure (although the role of Parliament is not specified, just that it is not to be dissolved) which breaches fundamental liberties cannot be appealed against before the Conseil d'État.
Article 36 of the Constitution is concerned with the state of siege (in French), which can be decreed by the Council of Ministers for a period of twelve days which can only be extended with the approval of the Parliament. A state of siege may be declared in case of an "imminent peril resulting from a foreign war [guerre étrangère, or simply "war"] or an armed insurrection
Rebellion
Rebellion, uprising or insurrection, is a refusal of obedience or order. It may, therefore, be seen as encompassing a range of behaviors aimed at destroying or replacing an established authority such as a government or a head of state...
(une insurrection à main armée). Military authorities may take police powers if they judge it necessary. Fundamental liberties may be restricted, such as the right of association, legalization of searches in private places day and night, the power to expel people who have been condemned for common law matters or people who do not have the right of residence in the territory, etc.
Since 1955 a state of emergency has been decreed five times:
- In 1955 in Algeria due to independentist unrest
- In 1958 due to the uprising in AlgeriaAlgeriaAlgeria , officially the People's Democratic Republic of Algeria , also formally referred to as the Democratic and Popular Republic of Algeria, is a country in the Maghreb region of Northwest Africa with Algiers as its capital.In terms of land area, it is the largest country in Africa and the Arab...
- In 1961 after the Generals' putsch (invocation of article 16 from April 23 to September 29, 1961)
- In 1984 in New CaledoniaNew CaledoniaNew Caledonia is a special collectivity of France located in the southwest Pacific Ocean, east of Australia and about from Metropolitan France. The archipelago, part of the Melanesia subregion, includes the main island of Grande Terre, the Loyalty Islands, the Belep archipelago, the Isle of...
due to independentist troubles - During the 2005 civil unrest in France2005 civil unrest in FranceThe 2005 civil unrest in France of October and November was a series of riots by mostly Muslim North African youths in Paris and other French cities, involving mainly the burning of cars and public buildings at night starting on 27 October 2005 in Clichy-sous-Bois...
President Jacques ChiracJacques ChiracJacques René Chirac is a French politician who served as President of France from 1995 to 2007. He previously served as Prime Minister of France from 1974 to 1976 and from 1986 to 1988 , and as Mayor of Paris from 1977 to 1995.After completing his studies of the DEA's degree at the...
declared a state of emergency on November 8, 2005. It was extended for three months on November 16 by the Parliament, which was dominated by the UMPUnion for a Popular MovementThe Union for a Popular Movement is a centre-right political party in France, and one of the two major contemporary political parties in the country along with the center-left Socialist Party...
majority. On December 10 France's highest administrative body, the Council of State, ruled that the three-month state of emergency decreed to guarantee calm following unrest was legal. It rejected a complaint from 74 law professors and the Green partyThe Greens (France)The Greens were a Green political party to the centre-left of the political spectrum in France. They had officially been in existence since 1984, but their spiritual roots could be traced as far back as René Dumont’s candidacy for the presidency in 1974...
, declaring that the conditions that led to the unrest (which began on October 27), the rapid spread of violence, and the possibility that it could recur justified the state of emergency. The complaint challenged the state of emergency's necessity and said it compromised fundamental liberties.
In 1972 the Common Program of the Left (issued from an alliance between the Socialist Party
Socialist Party (France)
The Socialist Party is a social-democratic political party in France and the largest party of the French centre-left. It is one of the two major contemporary political parties in France, along with the center-right Union for a Popular Movement...
and the Communist Party) proposed to repeal article 16. François Mitterrand
François Mitterrand
François Maurice Adrien Marie Mitterrand was the 21st President of the French Republic and ex officio Co-Prince of Andorra, serving from 1981 until 1995. He is the longest-serving President of France and, as leader of the Socialist Party, the only figure from the left so far elected President...
's program in 1981 did not include this proposition. The Socialist government of Pierre Bérégovoy
Pierre Bérégovoy
Pierre Eugène Bérégovoy was a French Socialist politician. He served as Prime Minister under François Mitterrand from 1992 to 1993.-Early career:...
included a reform of this article in its project of Constitutional reform in 1992, but the project was not implemented. Also in 1992, the Vedel Commission created by François Mitterrand
François Mitterrand
François Maurice Adrien Marie Mitterrand was the 21st President of the French Republic and ex officio Co-Prince of Andorra, serving from 1981 until 1995. He is the longest-serving President of France and, as leader of the Socialist Party, the only figure from the left so far elected President...
proposed to give to the Conseil Constitutionnel (Constitutional Council), on the concerted initiative of the President of the Republic and the presidents of the Assemblies, the mission to determine that the conditions required for the use of article 16 were in fact met.
On July 23, 2008 a constitutional act was passed which, among other amendments, added a paragraph to article 16 of the Constitution which stated that after 30 days the Constitutional Council
Constitutional Council of France
The Constitutional Council is the highest constitutional authority in France. It was established by the Constitution of the Fifth Republic on 4 October 1958, and its duty is to ensure that the principles and rules of the constitution are upheld.Its main activity is to rule on whether proposed...
can be requested to determine whether the conditions that justified the use of article 16 are still current; the ruling is public. At any time beyond 60 days the Council rules on this issue without the need for a referral.
Germany
The Weimar RepublicWeimar Republic
The Weimar Republic is the name given by historians to the parliamentary republic established in 1919 in Germany to replace the imperial form of government...
constitution allowed states of emergency under Article 48
Article 48 (Weimar Constitution)
Article 48 of the constitution of the Weimar Republic of Germany allowed the President, under certain circumstances, to take emergency measures without the prior consent of the Reichstag...
to deal with rebellions. Article 48 was often invoked during the 14-year life of the Republic, sometimes for no reason other than to allow the government to act when it was unable to obtain a parliament
Parliament
A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom. The name is derived from the French , the action of parler : a parlement is a discussion. The term came to mean a meeting at which...
ary majority.
After the February 27, 1933 Reichstag fire
Reichstag fire
The Reichstag fire was an arson attack on the Reichstag building in Berlin on 27 February 1933. The event is seen as pivotal in the establishment of Nazi Germany....
, an attack blamed on the communists
Communism
Communism is a social, political and economic ideology that aims at the establishment of a classless, moneyless, revolutionary and stateless socialist society structured upon common ownership of the means of production...
, Adolf Hitler
Adolf Hitler
Adolf Hitler was an Austrian-born German politician and the leader of the National Socialist German Workers Party , commonly referred to as the Nazi Party). He was Chancellor of Germany from 1933 to 1945, and head of state from 1934 to 1945...
declared a state of emergency using Article 48, and then had President von Hindenburg
Paul von Hindenburg
Paul Ludwig Hans Anton von Beneckendorff und von Hindenburg , known universally as Paul von Hindenburg was a Prussian-German field marshal, statesman, and politician, and served as the second President of Germany from 1925 to 1934....
sign the Reichstag Fire Decree
Reichstag Fire Decree
The Reichstag Fire Decree is the common name of the Decree of the Reich President for the Protection of People and State issued by German President Paul von Hindenburg in direct response to the Reichstag fire of 27 February 1933. The decree nullified many of the key civil liberties of German...
, which suspended the Weimar Constitution
Weimar constitution
The Constitution of the German Reich , usually known as the Weimar Constitution was the constitution that governed Germany during the Weimar Republic...
for the whole duration of the Third Reich: the Weimar Constitution was never actually repealed by Nazi Germany
Nazi Germany
Nazi Germany , also known as the Third Reich , but officially called German Reich from 1933 to 1943 and Greater German Reich from 26 June 1943 onward, is the name commonly used to refer to the state of Germany from 1933 to 1945, when it was a totalitarian dictatorship ruled by...
, but "indefinitely suspended". After the prohibition of the Communist Party of Germany
Communist Party of Germany
The Communist Party of Germany was a major political party in Germany between 1918 and 1933, and a minor party in West Germany in the postwar period until it was banned in 1956...
on March 1, 1933, the NSDAP (Nazi Party) had hands free to vote in the March 23, 1933 Enabling Act, which enabled Chancellor Adolf Hitler and his cabinet to enact laws without the participation of the Reichstag. These two laws implemented the Gleichschaltung
Gleichschaltung
Gleichschaltung , meaning "coordination", "making the same", "bringing into line", is a Nazi term for the process by which the Nazi regime successively established a system of totalitarian control and tight coordination over all aspects of society. The historian Richard J...
, the Nazis' institution of totalitarianism
Totalitarianism
Totalitarianism is a political system where the state recognizes no limits to its authority and strives to regulate every aspect of public and private life wherever feasible...
.
In the postwar Federal Republic of Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
the Emergency Acts
German Emergency Acts
The German Emergency Acts were passed on 30 May 1968 at the time of the First Grand Coalition between the Social Democratic Party of Germany and the Christian Democratic Union of Germany. The Emergency Acts faced opposition from outside the German parliament...
state that some of the basic constitutional rights of the Basic Law
Basic Law for the Federal Republic of Germany
The Basic Law for the Federal Republic of Germany is the constitution of Germany. It was formally approved on 8 May 1949, and, with the signature of the Allies of World War II on 12 May, came into effect on 23 May, as the constitution of those states of West Germany that were initially included...
may be limited in case of a state of defence
State of Defence (Germany)
The term State of Defence refers to the legal status of the Federal Republic of Germany if it is "under attack by armed force or imminently threatened with such an attack". This special status, which was created by a constitutional amendment in 1968, gives the Federal Government extraordinary...
, a state of tension , or an internal state of emergency or disaster (catastrophe). These amendments to the constitution were passed on May 30, 1968 despite fierce opposition by the so-called extraparliamentary opposition (see German student movement for details).
Hong Kong
The Standing Committee of the National People's CongressStanding Committee of the National People's Congress
The Standing Committee of the National People's Congress is a committee of about 150 members of the National People's Congress of the People's Republic of China , which is convened between plenary sessions of the NPC. It has the constitutional authority to modify legislation within limits set by...
can declare a state of emergency and deploy troops from the People's Liberation Army Hong Kong Garrison
People's Liberation Army Hong Kong Garrison
The People's Liberation Army Hong Kong Garrison is a garrison of the People's Liberation Army of the People's Republic of China responsible for defence duties of the Hong Kong Special Administrative Region since the sovereignty of Hong Kong was returned to the PRC in 1997...
under the Law of the People's Republic of China on the garrisoning of the Hong Kong Special Administrative Region.
The Chief Executive of Hong Kong
Chief Executive of Hong Kong
The Chief Executive of Hong Kong is the President of the Executive Council of Hong Kong and head of the Government of the Hong Kong Special Administrative Region. The position was created to replace the Governor of Hong Kong, who was the head of the Hong Kong government during British rule...
along with the Executive Council
Executive Council of Hong Kong
The Executive Council of Hong Kong is a core policy-making organ in the executive branch of the government of Hong Kong.. The Chief Executive of Hong Kong serves as its President.The Executive Council normally meets once a week...
can prohibit public gatherings, issue curfew
Curfew
A curfew is an order specifying a time after which certain regulations apply. Examples:# An order by a government for certain persons to return home daily before a certain time...
orders, prohibit the movement of vessels or aircraft and appoint special constable all under Chapter 245 ("Public Order Ordinance") of Hong Kong Law.
Since 1997 no emergency measure have been enacted. Prior to 1997 emergency measures have been used for 4 major incidents:
- Hong Kong 1956 riotsHong Kong 1956 riotsThe Hong Kong 1956 riots began with looting and attacks by pro-Nationalist on pro-Communist citizens and property in Hong Kong during Double Ten Day 10 October 1956, and soon developed into large, and violent, riots.-Tensions:...
- with involvement of British Forces and Hong Kong Police - Hong Kong 1966 riotsHong Kong 1966 riotsThe Hong Kong 1966 Riots was a series of disturbances that took place over three nights on the streets of Kowloon, Hong Kong in the spring of 1966...
- with involvement of British Forces and Hong Kong Police - Hong Kong 1967 Leftist Riots - with involvement of British Forces and Hong Kong Police
- Hong Kong 1981 riotsHong Kong 1981 riotsIn Hong Kong, the riots of 1981 are two riots on the Christmas Day of 1981 and the New Year's Day of 1982. Since the majority of the participants were youths, the riots were also named as the Christmas youth riots of 1981 and New Year youth riots of 1982...
- with involvement of Hong Kong Police
Hungary
According to the HungarianHungary
Hungary , officially the Republic of Hungary , is a landlocked country in Central Europe. It is situated in the Carpathian Basin and is bordered by Slovakia to the north, Ukraine and Romania to the east, Serbia and Croatia to the south, Slovenia to the southwest and Austria to the west. The...
Constitution, the National Assembly of Hungary
National Assembly of Hungary
The National Assembly or Diet is the parliament of Hungary. The unicameral body consists of 386 members elected to 4-year terms. Election of members is based on a complex system involving both area and list election; parties must win at least 5% of the popular vote in order to enter list members...
can declare state of emergency in case of armed rebellion or natural or industrial disaster. It expires after 30 days, but can be extended. Most civil rights can be suspended, but basic human rights (such as the right to live, the ban of torture, and freedom of religion) cannot.
During state of emergency, the Parliament cannot be disbanded.
India
In India, an external state of emergency was declared two times during wars:- In 1962 Sino-Indian WarSino-Indian WarThe Sino-Indian War , also known as the Sino-Indian Border Conflict , was a war between China and India that occurred in 1962. A disputed Himalayan border was the main pretext for war, but other issues played a role. There had been a series of violent border incidents after the 1959 Tibetan...
- In 1971 Indo-Pakistani War of 1971Indo-Pakistani War of 1971The Indo-Pakistani War of 1971 was a military conflict between India and Pakistan. Indian, Bangladeshi and international sources consider the beginning of the war to be Operation Chengiz Khan, Pakistan's December 3, 1971 pre-emptive strike on 11 Indian airbases...
In 1975, Prime Minister
Prime Minister of India
The Prime Minister of India , as addressed to in the Constitution of India — Prime Minister for the Union, is the chief of government, head of the Council of Ministers and the leader of the majority party in parliament...
Indira Gandhi
Indira Gandhi
Indira Priyadarshini Gandhara was an Indian politician who served as the third Prime Minister of India for three consecutive terms and a fourth term . She was assassinated by Sikh extremists...
declared a state of internal emergency after she was indicted in a corruption scandal and ordered to vacate her seat in the Indian Parliament, allowing herself to rule by decree
Decree
A decree is a rule of law issued by a head of state , according to certain procedures . It has the force of law...
until 1977. It all started after maverick socialist Raj Narain
Raj Narain
Raj Narain was an Indian politician who, as a candidate of Janata Party for the Lok Sabha in 1977, ran for office in Rae Bareli constituency and defeated Indira Gandhi, the then Prime Minister of India...
, who had been defeated in parliamentary election by Indira Gandhi, lodged cases of election fraud and use of state machinery for election purposes against Mrs. Indira Gandhi in the Allahabad High Court. On 12 June 1975, Justice Jagmohanlal Sinha of the Allahabad High Court found the Prime Minister guilty on the charge of misuse of government machinery for her election campaign. The court declared her election null and void and unseated her from her seat in the Lok Sabha. The court also banned her from contesting any election for an additional six years. Some serious charges such as bribing voters and election malpractices were dropped and she was held responsible for misusing the government machinery, and found guilty on charges such as using the state police to build a dais, availing the services of a government officer, Yashpal Kapoor (IAS), during the elections before he had resigned from his position, and use of electricity from the state electricity department. Protests led by J.P.Narayan, Raj Narain, Satyendra Narayan Sinha and Morarji Desai flooded the streets of Delhi close to the Parliament building and the Prime Minister's residence.The persistent efforts of Raj Narain
Raj Narain
Raj Narain was an Indian politician who, as a candidate of Janata Party for the Lok Sabha in 1977, ran for office in Rae Bareli constituency and defeated Indira Gandhi, the then Prime Minister of India...
, was praised worldwide as it took him over four years of continuous political and legal battle against system and Mrs Indira Gandhi to prove his charges. This instilled the faith in Indian Democracy
Indian Democracy
This article is about Indian politics, government and law and relation between them. This article deals with factors correlating the three with each other....
and Judiciary
Judiciary
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
. Political opposition was heavily suppressed during the emergency. Civil liberties
Civil liberties
Civil liberties are rights and freedoms that provide an individual specific rights such as the freedom from slavery and forced labour, freedom from torture and death, the right to liberty and security, right to a fair trial, the right to defend one's self, the right to own and bear arms, the right...
were suspended and a mandatory birth control program was introduced by the government. The Government used police forces across the country to arrest thousands of protestors and strike leaders. J.P. Narayan, Raj Narain, Morarji Desai, Charan Singh, Jivatram Kripalani, Atal Bihari Vajpayee, L.K. Advani, Satyendra Narayan Sinha and other protest leaders were immediately arrested. Organizations such as the Rashtriya Swayamsevak Sangh, along with some opposition political parties were banned. Nearly two years later, confident about her chances of getting re-elected, Indira Gandhi
Indira Gandhi
Indira Priyadarshini Gandhara was an Indian politician who served as the third Prime Minister of India for three consecutive terms and a fourth term . She was assassinated by Sikh extremists...
relaxed the emergency and released dissidents. Mrs. Gandhi called new elections and freed her critics, Mr.Raj Narain
Raj Narain
Raj Narain was an Indian politician who, as a candidate of Janata Party for the Lok Sabha in 1977, ran for office in Rae Bareli constituency and defeated Indira Gandhi, the then Prime Minister of India...
and his colleagues rode a popular wave of unrest to defeat her and her Government. Raj Narain
Raj Narain
Raj Narain was an Indian politician who, as a candidate of Janata Party for the Lok Sabha in 1977, ran for office in Rae Bareli constituency and defeated Indira Gandhi, the then Prime Minister of India...
won decisively in the Prime Minister's home constituency of Rae Bareli. The victory of Mr Raj Narain
Raj Narain
Raj Narain was an Indian politician who, as a candidate of Janata Party for the Lok Sabha in 1977, ran for office in Rae Bareli constituency and defeated Indira Gandhi, the then Prime Minister of India...
over Prime Minister Smt. Indira Gandhi
Indira Gandhi
Indira Priyadarshini Gandhara was an Indian politician who served as the third Prime Minister of India for three consecutive terms and a fourth term . She was assassinated by Sikh extremists...
in 1977 parliamentary elections in Rai Bareilly (U.P-India) led to the fall of long era of Congress led central government in India, after independence and brought everlasting change in political equations thereafter in Indian politics, even today.
Ireland
According to Article 28.3.3. of the Constitution of IrelandConstitution of Ireland
The Constitution of Ireland is the fundamental law of the Irish state. The constitution falls broadly within the liberal democratic tradition. It establishes an independent state based on a system of representative democracy and guarantees certain fundamental rights, along with a popularly elected...
, "no article of the Constitution may be invoked to invalidate any law enacted by the Oireachtas
Oireachtas
The Oireachtas , sometimes referred to as Oireachtas Éireann, is the "national parliament" or legislature of Ireland. The Oireachtas consists of:*The President of Ireland*The two Houses of the Oireachtas :**Dáil Éireann...
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". The time of war or armed rebellion includes actions outside the state itself, and is not limited in time to the duration of the war or armed rebellion. A state of emergency was declared in 1939 at the outbreak of the Second World War, though Ireland was not a participant (The period was and is referred to as The Emergency in Ireland). This state of emergency was not technically lifted until 1972, and was succeeded by a second state of emergency to deal with the Troubles
The Troubles
The Troubles was a period of ethno-political conflict in Northern Ireland which spilled over at various times into England, the Republic of Ireland, and mainland Europe. The duration of the Troubles is conventionally dated from the late 1960s and considered by many to have ended with the Belfast...
in Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
, which lasted until the IRA
Irish Republican Army
The Irish Republican Army was an Irish republican revolutionary military organisation. It was descended from the Irish Volunteers, an organisation established on 25 November 1913 that staged the Easter Rising in April 1916...
ceasefire in 1994.
Macau
The Standing Committee of the National People's CongressStanding Committee of the National People's Congress
The Standing Committee of the National People's Congress is a committee of about 150 members of the National People's Congress of the People's Republic of China , which is convened between plenary sessions of the NPC. It has the constitutional authority to modify legislation within limits set by...
can declare a state of emergency and deploy troops from the People's Liberation Army Macau Garrison under the Article 14 of Macau's Basic Law on the defence of the Macau Special Administrative Region.
The Chief Executive of Macau
Chief Executive of Macau
The Chief Executive of Macau is the head of the government of Macau, a special administrative region of the People's Republic of China and a former Portuguese overseas province.Under the Basic Law of Macau, the CE's role is:...
can use the Macau national security law
Macau national security law
Macau's national security law is a law in Macau which prohibits and punishes acts of "treason, secession, and subversion" against the Chinese government, as well as "preparatory acts" leading to any of the three acts...
to prohibit public gatherings, issue curfew
Curfew
A curfew is an order specifying a time after which certain regulations apply. Examples:# An order by a government for certain persons to return home daily before a certain time...
orders, prohibit other activities perceived to be a threat against the Region or China.
Since 1999 no emergency measure have been enacted. Prior to 1999 emergency measures have been used for 1 major incident:
- 12-3 incident12-3 incidentThe 12-3 incident refers to a riot in Macau that happened on December 3, 1966, inspired by the Cultural Revolution in the People's Republic of China.-Tension:...
(1966) - with martial lawMartial lawMartial law is the imposition of military rule by military authorities over designated regions on an emergency basis— only temporary—when the civilian government or civilian authorities fail to function effectively , when there are extensive riots and protests, or when the disobedience of the law...
invoked and involvement of Portuguese troopsPortuguese ArmyThe Portuguese Army is the ground branch of the Portuguese Armed Forces which, in co-operation with other branches of the Portuguese military, is charged with the defence of Portugal...
Malaysia
In Malaysia, if the Yang di-Pertuan AgongYang di-Pertuan Agong
The Yang di-Pertuan Agong is the head of state of Malaysia. The office was established in 1957 when the Federation of Malaya gained independence....
is satisfied that a grave emergency exists whereby the security, or the economic life, or public order in the Federation or any part thereof is threatened, he may issue a Proclamation of Emergency making therein a declaration to that effect.
In the history of Malaysia, a state of emergency was declared by the then-colonial government of Britain. The state of emergency lasted from 1948 until 1960 to deal with the communists
Malayan Communist Party
The Malayan Communist Party , officially known as the Communist Party of Malaya , was founded in 1930 and laid down its arms in 1989. It is most famous for its role in the Malayan Emergency.-Formation:...
led by Chin Peng
Chin Peng
Chin Peng, former OBE , was born Ong Boon Hua in Sitiawan, and was a long-time leader of the Malayan Communist Party...
.
States of emergency were also declared during the Indonesia-Malaysia confrontation
Indonesia-Malaysia confrontation
Indonesia–Malaysia confrontation during 1962–1966 was Indonesia’s political and armed opposition to the creation of Malaysia. It is also known by its Indonesian/Malay name Konfrontasi...
in 1962, the 1966 Sarawak constitutional crisis
1966 Sarawak constitutional crisis
The 1966 Sarawak constitutional crisis took place in the state of Sarawak, Malaysia. The crisis broke out after 21 out of 42 members of the state legislature declared that they did not have confidence in Stephen Kalong Ningkan, the then chief minister of Sarawak. The 21 assemblymen wrote to the...
and 1977 Kelantan Emergency
1977 Kelantan Emergency
The 1977 Kelantan Emergency took place in the state of Kelantan in Malaysia. The state of emergency was declared by the Yang di-Pertuan Agong on November 8, 1977 upon the request of the federal government following a political impasse and street violence in Kelantan...
.
When a race riot
May 13 Incident
The 13 May Incident is a term for the Sino-Malay sectarian violences in Kuala Lumpur , Malaysia, which began on 13 May 1969...
broke out on May 13, 1969, a state of emergency was declared.
Thiery Rommel, the European Commission's envoy to Malaysia, told Reuters by telephone on November 13, 2007 (the last day of his mission) that, "Today, this country still lives under (a state of) emergency." Although not officially proclaimed as a state of emergency, the Emergency Ordinance and the Internal Security Act had allowed detention for years without trial.
New Zealand
The Civil Defence Emergency Management Act 2002 gives the government and local city councilCity council
A city council or town council is the legislative body that governs a city, town, municipality or local government area.-Australia & NZ:Because of the differences in legislation between the States, the exact definition of a City Council varies...
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. The state of emergency in New Zealand expires on the commencement of the seventh day after the date on which it was declared, unless it is extended. However, the minister of civil defence or local mayor may lift the state of emergency after an initial review of the region's status.
- On 23 February 2011 at 11.28 am Minister of Civil Defence John CarterJohn Carter (New Zealand)John McGregor Carter is a New Zealand politician, and member of the National Party. He represented the Bay of Islands, Far North and Northland electorates from 1987 until June 2011...
declared the first National State Of Emergency (for a civil defence emergency) in New Zealand's history in response to the February 22, 2011 Christchurch earthquake. A local state of emergency was declared following the September 4, 2010 Canterbury earthquake2010 Canterbury earthquakeThe 2010 Canterbury earthquake was a 7.1 magnitude earthquake, which struck the South Island of New Zealand at 4:35 am on local time ....
. - A state of emergency was declared previously during the 1951 waterfront dispute1951 New Zealand waterfront disputeThe 1951 New Zealand waterfront dispute was the largest and most widespread industrial dispute in New Zealand history. During the time, up to twenty thousand workers went on strike in support of waterfront workers protesting financial hardships and working conditions. Thousands more refused to...
.
Pakistan
In Pakistan, a state of emergency was declared four times in its history:- In 1958 by President Iskander Mirza
- In 1969 by President General Yahya KhanYahya KhanGeneral Agha Mohammad Yahya Khan Qizilbash, H.Pk, HJ, S.Pk, psc was the third President of Pakistan from 1969 to 1971, following the resignation of Ayub Khan...
- In 1977 by President General Muhammad Zia-ul-HaqMuhammad Zia-ul-HaqGeneral Muhammad Zia-ul-Haq , was the 4th Chief Martial Law Administrator and the sixth President of Pakistan from July 1977 to his death in August 1988...
- In 1998 by President Rafiq Tarrar
- In 20072007 Pakistani state of emergencyA state of emergency was declared by Pakistani President Pervez Musharraf on November 3, 2007, and lasted until December 15, 2007,during which time the constitution of Pakistan was suspended....
by President General Pervez MusharrafPervez MusharrafPervez Musharraf , is a retired four-star general who served as the 13th Chief of Army Staff and tenth President of Pakistan as well as tenth Chairman of the Joint Chiefs of Staff Committee. Musharraf headed and led an administrative military government from October 1999 till August 2007. He ruled...
The first three were regarded as the imposition of direct martial law
Martial law
Martial law is the imposition of military rule by military authorities over designated regions on an emergency basis— only temporary—when the civilian government or civilian authorities fail to function effectively , when there are extensive riots and protests, or when the disobedience of the law...
. In 2007 a 'state of emergency' was declared.
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 constitutionSpanish Constitution of 1978
-Structure of the State:The Constitution recognizes the existence of nationalities and regions . Preliminary Title As a result, Spain is now composed entirely of 17 Autonomous Communities and two autonomous cities with varying degrees of autonomy, to the extent that, even though the Constitution...
, which limits which rights may be suspended, but regulated by the "Ley Orgánica 4/1981" (Organic Law
Organic Law (Spain)
An Organic Law in Spanish law under the present Spanish Constitution of 1978 must be passed by an absolute majority of the Congress of Deputies...
).
On December 4, 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.
Trinidad and Tobago
The Prime Minister Kamla Persad-BissessarKamla Persad-Bissessar
Kamla Persad-Bissessar is the Prime Minister of the Republic of Trinidad and Tobago, the seventh person to hold this position...
on 21 August 2011 at 8:00 pm announced a State of Emergency in an attempt to crackdown on the trafficking of illegal drugs and firearms, in addition to gangs.
The decision of the President, George Maxwell Richards
George Maxwell Richards
George Maxwell Richards, TC, CM is the fourth President of the Republic of Trinidad and Tobago. A chemical engineer by training, Richards was Principal of the St. Augustine Campus of the University of the West Indies in Trinidad in 1996. He previously worked for Shell Trinidad Ltd. before...
, to issue the proclamation for the State of Emergency was debated in the country's Parliament
Parliament of Trinidad and Tobago
The Parliament of Trinidad and Tobago is the legislative branch of the Government of Trinidad and Tobago. The Parliament is bicameral. It consists of the elected House of Representatives, which has 43 members elected for a five year term in single-seat constituencies, and the Senate which has 31...
as required by the Constitution on September 2, 2011 and passed by the required simple majority of the House of Representatives.
Debate on a 3-month first extension of the State of Emergency is in progress before the Parliament on September 3. On September 4 the Parliament has extended the State Of Emergency for a further 3 months.
The last time a State of emergency was declared was in 1970 Black Power Revolution
Black Power Revolution
The Black Power Revolution, also known as the "Black Power Movement", 1970 Revolution, Black Power Uprising and February Revolution, was an attempt by a number of social elements, people and interest groups in Trinidad and Tobago to force socio-political change.-History:Between 1968 and 1970 the...
& July 27 - August 1, 1990 in the attempted state coup
Jamaat al Muslimeen coup attempt
On Friday 27 July 1990, 114 members of the Jamaat al Muslimeen, an Afro-Trinidadian Islamic organisation, led by Imam Yasin Abu Bakr and Bilaal Abdullah attempted to stage a coup d'état against the government of Trinidad and Tobago. Forty-two insurgents stormed the Red House and took the Prime...
by the Jamaat al Muslimeen
Jamaat al Muslimeen
The Jamaat al Muslimeen is a Muslim organisation within the Republic of Trinidad and Tobago with a membership of predominantly Afro-Trinidadians....
against the NAR government of the then Prime Minister A. N. R. Robinson
A. N. R. Robinson
Arthur Napoleon Raymond Robinson, OCC, TC was the third President of Trinidad and Tobago, serving from 19 March 1997 to 17 March 2003. He was also Trinidad and Tobago's third Prime Minister, serving in that capacity from 18 December 1986 to 17 December 1991...
.
Turkey
Since the foundation of the Republic of TurkeyTurkey
Turkey , known officially as the Republic of Turkey , is a Eurasian country located in Western Asia and in East Thrace in Southeastern Europe...
in 1923 the military
Turkish Armed Forces
The Turkish Armed Forces are the military forces of the Republic of Turkey. They consist of the Army, the Navy , and the Air Force...
conducted three coup d'état
Coup d'état
A coup d'état state, literally: strike/blow of state)—also known as a coup, putsch, and overthrow—is the sudden, extrajudicial deposition of a government, usually by a small group of the existing state establishment—typically the military—to replace the deposed government with another body; either...
s and announced martial law
Martial law
Martial law is the imposition of military rule by military authorities over designated regions on an emergency basis— only temporary—when the civilian government or civilian authorities fail to function effectively , when there are extensive riots and protests, or when the disobedience of the law...
. Martial law between 1978 and 1983 was replaced by a state of emergency that lasted until November 2002.
United Kingdom
In the United Kingdom, the MonarchMonarchy of the United Kingdom
The monarchy of the United Kingdom is the constitutional monarchy of the United Kingdom and its overseas territories. The present monarch, Queen Elizabeth II, has reigned since 6 February 1952. She and her immediate family undertake various official, ceremonial and representational duties...
, the Privy Council
Privy Council of the United Kingdom
Her Majesty's Most Honourable Privy Council, usually known simply as the Privy Council, is a formal body of advisers to the Sovereign in the United Kingdom...
, or the Prime Minister
Prime Minister of the United Kingdom
The Prime Minister of the United Kingdom of Great Britain and Northern Ireland is the Head of Her Majesty's Government in the United Kingdom. The Prime Minister and Cabinet are collectively accountable for their policies and actions to the Sovereign, to Parliament, to their political party and...
can make emergency regulations under the Civil Contingencies Act 2004
Civil Contingencies Act 2004
The Civil Contingencies Act 2004 is an Act of the Parliament of the United Kingdom that establishes a coherent framework for emergency planning and response ranging from local to national level...
if there is a serious threat to human welfare, the environment, or in case of war or terrorism. These regulations last for seven days unless confirmed otherwise by Parliament
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
.
A state of emergency was last invoked in 1974 by Prime Minister Edward Heath
Edward Heath
Sir Edward Richard George "Ted" Heath, KG, MBE, PC was a British Conservative politician who served as Prime Minister of the United Kingdom and as Leader of the Conservative Party ....
in response to increasing industrial action
Industrial action
Industrial action or job action refers collectively to any measure taken by trade unions or other organised labour meant to reduce productivity in a workplace. Quite often it is used and interpreted as a euphemism for strike, but the scope is much wider...
.
United States
In the United States, there are several methods for government response to emergency situations. A state governorGovernor (United States)
In the United States, the title governor refers to the chief executive of each state or insular territory, not directly subordinate to the federal authorities, but the political and ceremonial head of the state.-Role and powers:...
or local mayor
Mayor
In many countries, a Mayor is the highest ranking officer in the municipal government of a town or a large urban city....
may declare a state of emergency within his or her jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
. This is common at the state level in response to natural disasters.
The president of the United States, as head of the executive branch, has the authority to declare a federal state of emergency. The only emergency provisions in the U.S. Constitution are: "The Privilege of the Writ of Habeas Corpus
Habeas corpus in the United States
Habeas corpus , Latin for "you [shall] have the body," is the name of a legal action or writ by means of which detainees can seek relief from unlawful imprisonment...
shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it." and an exemption from the privilege of a grand jury
Grand jury
A grand jury is a type of jury that determines whether a criminal indictment will issue. Currently, only the United States retains grand juries, although some other common law jurisdictions formerly employed them, and most other jurisdictions employ some other type of preliminary hearing...
hearing for cases arising in the military when in service in a time of "public danger".
Habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
was suspended on April 27, 1861 during the American Civil War
American Civil War
The American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...
by Abraham Lincoln
Abraham Lincoln
Abraham Lincoln was the 16th President of the United States, serving from March 1861 until his assassination in April 1865. He successfully led his country through a great constitutional, military and moral crisis – the American Civil War – preserving the Union, while ending slavery, and...
in parts of Maryland
Maryland
Maryland is a U.S. state located in the Mid Atlantic region of the United States, bordering Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware to its east...
and some midwestern states, including southern Indiana
Indiana
Indiana is a US state, admitted to the United States as the 19th on December 11, 1816. It is located in the Midwestern United States and Great Lakes Region. With 6,483,802 residents, the state is ranked 15th in population and 16th in population density. Indiana is ranked 38th in land area and is...
. He did so in response to demands by generals to set up military courts to rein in "copperheads", those in the Union who supported the Confederate
Confederate States of America
The Confederate States of America was a government set up from 1861 to 1865 by 11 Southern slave states of the United States of America that had declared their secession from the U.S...
cause. Lambdin P. Milligan
Lambdin P. Milligan
Lambdin Purdy Milligan was a lawyer, farmer, and a leader of the Knights of the Golden Circle during the American Civil War. In 1864, he was unlawfully given a capital sentence, and later set free by the United States Supreme Court, setting a precedent later named after him: Ex parte Milligan...
and four others were accused of planning to steal Union weapons and invade Union prisoner-of-war camp
Prisoner-of-war camp
A prisoner-of-war camp is a site for the containment of combatants captured by their enemy in time of war, and is similar to an internment camp which is used for civilian populations. A prisoner of war is generally a soldier, sailor, or airman who is imprisoned by an enemy power during or...
s, and were sentenced to hang by a military court in 1864. However, their execution was not set until May 1865, so they were able to argue the case after the Civil War. It was decided in the Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
case Ex Parte Milligan
Ex parte Milligan
Ex parte Milligan, , was a United States Supreme Court case that ruled that the application of military tribunals to citizens when civilian courts are still operating is unconstitutional. It was also controversial because it was one of the first cases after the end of the American Civil...
71 US 2 1866 that the suspension was unconstitutional because civilian courts were still operating, and the Constitution only provided for suspension of habeas corpus if these courts are actually forced closed.
On December 16, 1950, during the Korean War
Korean War
The Korean War was a conventional war between South Korea, supported by the United Nations, and North Korea, supported by the People's Republic of China , with military material aid from the Soviet Union...
, President Truman issued Presidential Proclamation No. 2914, declaring a state of national emergency. The Supreme Court ruling in Youngstown Sheet & Tube Co. v. Sawyer
Youngstown Sheet & Tube Co. v. Sawyer
Youngstown Sheet & Tube Co. v. Sawyer, , also commonly referred to as The Steel Seizure Case, was a United States Supreme Court decision that limited the power of the President of the United States to seize private property in the absence of either specifically enumerated authority under Article...
established, in 1952, that presidents may not act contrary to Acts of Congress during an emergency.
During the Watergate scandal
Watergate scandal
The Watergate scandal was a political scandal during the 1970s in the United States resulting from the break-in of the Democratic National Committee headquarters at the Watergate office complex in Washington, D.C., and the Nixon administration's attempted cover-up of its involvement...
which erupted in the 1970s after President Richard Nixon
Richard Nixon
Richard Milhous Nixon was the 37th President of the United States, serving from 1969 to 1974. The only president to resign the office, Nixon had previously served as a US representative and senator from California and as the 36th Vice President of the United States from 1953 to 1961 under...
authorized a variety of illegal acts, Congress investigated the extent of the President's powers and belatedly realized that the U.S. had been in a continuous state of emergency since 1950. As a result, in 1976 the National Emergencies Act
National Emergencies Act
The National Emergencies Act is a United States federal law passed in 1976 to stop open-ended states of national emergency and formalize the power of Congress to provide certain checks and balances on the emergency powers of the President. The act sets a limit of two years on states of national...
set a limit of two years on emergency declarations unless the president explicitly extends them, and requiring the president to specify in advance which legal provisions will be invoked. The Act terminated the emergency of 1950 on September 14, 1978; however, even in the 21st century, the federal courts have upheld harsh penalties (including deportation) for crimes that occurred during the state of national emergency from 1950 to 1978, where the penalties were escalated because of the existence of that emergency.
The 1977 International Emergency Economic Powers Act
International Emergency Economic Powers Act
The International Emergency Economic Powers Act , Title II of , is a United States federal law authorizing the President to regulate commerce after declaring a national emergency in response to any unusual and extraordinary threat to the United States which has a foreign source.-Provisions:In the...
allows freezing of assets, limiting of trade, and confiscation of property during a declared emergency.
A federal emergency declaration allows the United States Federal Emergency Management Agency
Federal Emergency Management Agency
The Federal Emergency Management Agency is an agency of the United States Department of Homeland Security, initially created by Presidential Reorganization Plan No. 1 of 1978 and implemented by two Executive Orders...
(FEMA) to exercise its power to deal with emergency situations; federal assistance also becomes available to areas that are declared to be in a state of emergency. For FEMA, emergency declarations are different from the more common disaster declarations done for hurricanes and floods. Typically, a state of emergency empowers the executive to name coordinating officials to deal with the emergency and to override normal administrative processes regarding the passage of administrative rules.
The United States is formally in an ongoing limited state of emergency declared by several Presidents for several reasons. A state of emergency began on January 24, 1995 with the signing of Executive Order 12947 by President Bill Clinton
Bill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...
. In accordance with the National Emergencies Act, the executive order's actual effect was not a declaration of a general emergency, but a limited embargo on trade with "Terrorists Who Threaten To Disrupt the Middle East Peace Process". This "national emergency" was expanded in 1998 to include additional targets such as Osama bin Laden
Osama bin Laden
Osama bin Mohammed bin Awad bin Laden was the founder of the militant Islamist organization Al-Qaeda, the jihadist organization responsible for the September 11 attacks on the United States and numerous other mass-casualty attacks against civilian and military targets...
, and has been continued to at least 2008 by order of President George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
. There are a number of other ongoing national emergencies of this type, regarding for instance diamond trade with Sierra Leone
Sierra Leone
Sierra Leone , officially the Republic of Sierra Leone, is a country in West Africa. It is bordered by Guinea to the north and east, Liberia to the southeast, and the Atlantic Ocean to the west and southwest. Sierra Leone covers a total area of and has an estimated population between 5.4 and 6.4...
. Especially noteworthy are the ongoing states of emergency declared on November 14, 1979 regarding the Iran Hostage Crisis
Iran hostage crisis
The Iran hostage crisis was a diplomatic crisis between Iran and the United States where 52 Americans were held hostage for 444 days from November 4, 1979 to January 20, 1981, after a group of Islamist students and militants took over the American Embassy in Tehran in support of the Iranian...
, that declared on March 15, 1995 with respect to Iran
Iran
Iran , officially the Islamic Republic of Iran , is a country in Southern and Western Asia. The name "Iran" has been in use natively since the Sassanian era and came into use internationally in 1935, before which the country was known to the Western world as Persia...
, and that declared on September 14, 2001 through Bush's Proclamation 7463, regarding the terrorist attacks of September 11, 2001.
President Barack Obama
Barack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
extended George Bush's Declaration of Emergency regarding terrorism on September 10, 2009 and again on September 10, 2010.
Ongoing
- TunisiaTunisiaTunisia , officially the Tunisian RepublicThe long name of Tunisia in other languages used in the country is: , is the northernmost country in Africa. It is a Maghreb country and is bordered by Algeria to the west, Libya to the southeast, and the Mediterranean Sea to the north and east. Its area...
declared state of emergency (Martial Law) January 2011, following unrest from economic issues. - IsraelIsraelThe State of Israel is a parliamentary republic located in the Middle East, along the eastern shore of the Mediterranean Sea...
has been in a state of emergency (Martial Law) since the 1948 Arab–Israeli War. Israel's parliament, The Knesset, re-extends the validity of the state of emergency annually. - TongaTongaTonga, officially the Kingdom of Tonga , is a state and an archipelago in the South Pacific Ocean, comprising 176 islands scattered over of ocean in the South Pacific...
's prime minister declared a state of emergency (Martial Law) on November 17, 2006 due to civil unrest in the nation's capital. - FijiFijiFiji , officially the Republic of Fiji , is an island nation in Melanesia in the South Pacific Ocean about northeast of New Zealand's North Island...
is under a state of emergency (Martial Law) as declared by Commodore Frank BainimaramaFrank BainimaramaCommodore Josaia Voreqe Bainimarama, CF, MSD, OStJ, Fijian Navy, known commonly as Frank Bainimarama and sometimes by the chiefly title Ratu , is a Fijian naval officer and politician. He is the Commander of the Fijian Military Forces and, as of April 2009, Prime Minister...
on December 5, 2006 in the 2006 Fijian coup d'état2006 Fijian coup d'étatThe Fijian coup d'état of December 2006 occurred as a continuation of the pressure which had been building since the military unrest of the 2000 Fijian coup d'état and 2005-2006 Fijian political crisis....
. - VanuatuVanuatuVanuatu , officially the Republic of Vanuatu , is an island nation located in the South Pacific Ocean. The archipelago, which is of volcanic origin, is some east of northern Australia, northeast of New Caledonia, west of Fiji, and southeast of the Solomon Islands, near New Guinea.Vanuatu was...
declared a state of emergency (Martial Law) on March 5, 2007 because of ethnic clashes in the capital Port VilaPort VilaPort Vila is the capital and largest city of Vanuatu. Situated on the south coast of the island of Efate, in Shefa Province, the city population at last was 29,356, an increase of 55% on the previous census result . This suggests a 2007 population of about 40,000 or around 65% of the province's...
. - In the Palestinian Occupied Territories, Palestinian President Mahmoud AbbasMahmoud AbbasMahmoud Abbas , also known by the kunya Abu Mazen , has been the Chairman of the Palestine Liberation Organisation since 11 November 2004 and became President of the Palestinian National Authority on 15 January 2005 on the Fatah ticket.Elected to serve until 9 January 2009, he unilaterally...
declared a state of emergency (Martial Law) in the Gaza StripGaza Stripthumb|Gaza city skylineThe Gaza Strip lies on the Eastern coast of the Mediterranean Sea. The Strip borders Egypt on the southwest and Israel on the south, east and north. It is about long, and between 6 and 12 kilometres wide, with a total area of...
and West BankWest BankThe West Bank ) of the Jordan River is the landlocked geographical eastern part of the Palestinian territories located in Western Asia. To the west, north, and south, the West Bank shares borders with the state of Israel. To the east, across the Jordan River, lies the Hashemite Kingdom of Jordan...
following Hamas's takeover of power in Gaza StripGaza Stripthumb|Gaza city skylineThe Gaza Strip lies on the Eastern coast of the Mediterranean Sea. The Strip borders Egypt on the southwest and Israel on the south, east and north. It is about long, and between 6 and 12 kilometres wide, with a total area of...
. - SomaliaSomaliaSomalia , officially the Somali Republic and formerly known as the Somali Democratic Republic under Socialist rule, is a country located in the Horn of Africa. Since the outbreak of the Somali Civil War in 1991 there has been no central government control over most of the country's territory...
has been in a state of emergency (Martial Law) since 2009. - EgyptEgyptEgypt , officially the Arab Republic of Egypt, Arabic: , is a country mainly in North Africa, with the Sinai Peninsula forming a land bridge in Southwest Asia. Egypt is thus a transcontinental country, and a major power in Africa, the Mediterranean Basin, the Middle East and the Muslim world...
has been under a nearly-continuous state of emergency (Martial Law) since 1967 (interrupted for 18 months in 1980-81); the People's AssemblyPeople's Assembly of EgyptThe People's Assembly is the lower house of Egypt's bicameral parliament. In spite of its lower status, however, it plays a more important role in drafting legislation and day-to-day legislative duties than the Shura Council, the upper house....
renews it every two to three years. - JapanJapanJapan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...
declared a state of emergency on March 11 due to a massive earthquake and tsunami near the Japanese island HonshuHonshuis the largest island of Japan. The nation's main island, it is south of Hokkaido across the Tsugaru Strait, north of Shikoku across the Inland Sea, and northeast of Kyushu across the Kanmon Strait...
; Richter scale measure: 9.1 - YemenYemenThe Republic of Yemen , commonly known as Yemen , is a country located in the Middle East, occupying the southwestern to southern end of the Arabian Peninsula. It is bordered by Saudi Arabia to the north, the Red Sea to the west, and Oman to the east....
declared a state of emergency (Martial Law) on March 18, 2011. - Trinidad & Tobago declared a state of emergency on August 21, 2011, due to an upsurge in violent crime..
- SlovakiaSlovakiaThe Slovak Republic is a landlocked state in Central Europe. It has a population of over five million and an area of about . Slovakia is bordered by the Czech Republic and Austria to the west, Poland to the north, Ukraine to the east and Hungary to the south...
declared a state of emergency for numerous hospitals on November 28, 2011, due to mass medicare workers resignation..
Past states of emergency
- Late August 2011 - VirginiaVirginiaThe Commonwealth of Virginia , is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" after the eight U.S. presidents born there...
, MarylandMarylandMaryland is a U.S. state located in the Mid Atlantic region of the United States, bordering Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware to its east...
, DelawareDelawareDelaware is a U.S. state located on the Atlantic Coast in the Mid-Atlantic region of the United States. It is bordered to the south and west by Maryland, and to the north by Pennsylvania...
, PennsylvaniaPennsylvaniaThe Commonwealth of Pennsylvania is a U.S. state that is located in the Northeastern and Mid-Atlantic regions of the United States. The state borders Delaware and Maryland to the south, West Virginia to the southwest, Ohio to the west, New York and Ontario, Canada, to the north, and New Jersey to...
, New JerseyNew JerseyNew Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware...
, New YorkNew YorkNew York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
, ConnecticutConnecticutConnecticut is a state in the New England region of the northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, and the state of New York to the west and the south .Connecticut is named for the Connecticut River, the major U.S. river that approximately...
, MassachusettsMassachusettsThe Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...
, VermontVermontVermont is a state in the New England region of the northeastern United States of America. The state ranks 43rd in land area, , and 45th in total area. Its population according to the 2010 census, 630,337, is the second smallest in the country, larger only than Wyoming. It is the only New England...
, and MaineMaineMaine is a state in the New England region of the northeastern United States, bordered by the Atlantic Ocean to the east and south, New Hampshire to the west, and the Canadian provinces of Quebec to the northwest and New Brunswick to the northeast. Maine is both the northernmost and easternmost...
declared states of emergency because of Hurricane IreneHurricane Irene (2011)Hurricane Irene was a large and powerful Atlantic hurricane that left extensive flood and wind damage along its path through the Caribbean, the United States East Coast and as far north as Atlantic Canada in 2011...
. - April 16, 2011 - States of emergency were declared in the cities of RaleighRaleigh, North CarolinaRaleigh is the capital and the second largest city in the state of North Carolina as well as the seat of Wake County. Raleigh is known as the "City of Oaks" for its many oak trees. According to the U.S. Census Bureau, the city's 2010 population was 403,892, over an area of , making Raleigh...
, North Carolina, FayettevilleFayetteville, North CarolinaFayetteville is a city located in Cumberland County, North Carolina, United States. It is the county seat of Cumberland County, and is best known as the home of Fort Bragg, a U.S. Army post located northwest of the city....
, North Carolina, GreensboroGreensboro, North CarolinaGreensboro is a city in the U.S. state of North Carolina. It is the third-largest city by population in North Carolina and the largest city in Guilford County and the surrounding Piedmont Triad metropolitan region. According to the 2010 U.S...
, North Carolina, as well as Cumberland CountyCumberland County, North Carolina-Demographics:As of the census of 2000, there were 302,963 people, 107,358 households, and 77,619 families residing in the county. The population density was 464 people per square mile . There were 118,425 housing units at an average density of 181 per square mile...
, North Carolina, and the entire state of North CarolinaNorth CarolinaNorth Carolina is a state located in the southeastern United States. The state borders South Carolina and Georgia to the south, Tennessee to the west and Virginia to the north. North Carolina contains 100 counties. Its capital is Raleigh, and its largest city is Charlotte...
following a severe weather outbreak that caused 62 reported tornadoes within the state. - April 15, 2011 - States of emergency were declared in the United States for 26 OklahomaOklahomaOklahoma is a state located in the South Central region of the United States of America. With an estimated 3,751,351 residents as of the 2010 census and a land area of 68,667 square miles , Oklahoma is the 28th most populous and 20th-largest state...
Counties, 14 MississippiMississippiMississippi is a U.S. state located in the Southern United States. Jackson is the state capital and largest city. The name of the state derives from the Mississippi River, which flows along its western boundary, whose name comes from the Ojibwe word misi-ziibi...
Counties, and all counties in AlabamaAlabamaAlabama is a state located in the southeastern region of the United States. It is bordered by Tennessee to the north, Georgia to the east, Florida and the Gulf of Mexico to the south, and Mississippi to the west. Alabama ranks 30th in total land area and ranks second in the size of its inland...
after a severe weather outbreak caused significant damage on April 14–15 to these areas. - March 15, 2011 - BahrainBahrain' , officially the Kingdom of Bahrain , is a small island state near the western shores of the Persian Gulf. It is ruled by the Al Khalifa royal family. The population in 2010 stood at 1,214,705, including 235,108 non-nationals. Formerly an emirate, Bahrain was declared a kingdom in 2002.Bahrain is...
declared a state of emergency on 15 March 2011 and asked the military to reassert its control over the capital, Manama, as clashes between Shia and Sunni groups spread across the country. Bahrain has been gripped by deepening political unrest and widespread protests for over a month, with the Shia majority and some Sunni liberals calling for democracy and an end to discrimination. - February 24, 2011 - BoliviaBoliviaBolivia officially known as Plurinational State of Bolivia , is a landlocked country in central South America. It is the poorest country in South America...
declared a national state of emergency on 24 February 2011, because of floods that have been affecting the nine departments in Bolivia, thousands of people have been left homeless. - February 22, 2011 - New ZealandNew ZealandNew Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
declares State of Emergency in the city of ChristchurchChristchurchChristchurch is the largest city in the South Island of New Zealand, and the country's second-largest urban area after Auckland. It lies one third of the way down the South Island's east coast, just north of Banks Peninsula which itself, since 2006, lies within the formal limits of...
on February 22, 2011 after another powerful 6.3 magnitude earthquake damaged the city and surrounding areas. Civil Defence MinisterMinistry of Civil Defence & Emergency Management (New Zealand)The Ministry of Civil Defence & Emergency Management is New Zealand's central government agency responsible for emergency management.- External links :* The Ministry's website: http://www.civildefence.govt.nz...
John CarterJohn Carter (New Zealand)John McGregor Carter is a New Zealand politician, and member of the National Party. He represented the Bay of Islands, Far North and Northland electorates from 1987 until June 2011...
declared a national state of emergency at 11.28 am on February 23, 2011. - October 5, 2010 - HungaryHungaryHungary , officially the Republic of Hungary , is a landlocked country in Central Europe. It is situated in the Carpathian Basin and is bordered by Slovakia to the north, Ukraine and Romania to the east, Serbia and Croatia to the south, Slovenia to the southwest and Austria to the west. The...
declares state of emergency due to a sludge flood, caused by an accident in AjkaAjkaAjka is a city in Hungary with about 35,000 inhabitants. It is situated in the hills of Bakony.-History:Around 1000 BCE the area was inhabited by Celts. By the 2nd century CE the territory was conquered by the Romans...
at the local aluminia plant, killing at least four people and causing a long-lasting natural disaster. - September 30, 2010 - A state of emergency was declared in EcuadorEcuadorEcuador , officially the Republic of Ecuador is a representative democratic republic in South America, bordered by Colombia on the north, Peru on the east and south, and by the Pacific Ocean to the west. It is one of only two countries in South America, along with Chile, that do not have a border...
due to a coup by armed forces. - September 4, 2010 - Christchurch City declared State of Emergency on September 4, 2010 after a powerful 7.1 magnitude earthquake damaged the city and surrounding areas. The state of emergency invoked provisions of the Civil Defense Emergency Management Act 2002. The State of Emergency was lifted 12 days later on September 16 upon passage of the Canterbury Earthquake Response and Recovery Act 2010.
- September 26, 2009 - A "state of calamity" for Metro ManilaMetro ManilaMetropolitan Manila , the National Capital Region , or simply Metro Manila, is the metropolitan region encompassing the City of Manila and its surrounding areas in the Philippines...
and 25 other nearby provinces in the PhilippinesPhilippinesThe Philippines , officially known as the Republic of the Philippines , is a country in Southeast Asia in the western Pacific Ocean. To its north across the Luzon Strait lies Taiwan. West across the South China Sea sits Vietnam...
was declared due to heavy flooding caused by Tropical Storm Ketsana (Local name: Ondoy). - April 11, 2009 - ThailandThailandThailand , officially the Kingdom of Thailand , formerly known as Siam , is a country located at the centre of the Indochina peninsula and Southeast Asia. It is bordered to the north by Burma and Laos, to the east by Laos and Cambodia, to the south by the Gulf of Thailand and Malaysia, and to the...
's Prime Minister Abhisit VejjajivaAbhisit VejjajivaAbhisit Vejjajiva , , ; born Mark Abhisit Vejjajiva; 3 August 1964 in Newcastle upon Tyne) is a Thai politician who was the 27th Prime Minister of Thailand from 2008 to 2011 and is the current leader of the Democrat Party...
declared a state of emergency in the areas of PattayaPattayaPattaya is a city in Thailand, located on the east coast of the Gulf of Thailand, about 165 km southeast of Bangkok located within but not part of Amphoe Bang Lamung in the province of Chonburi....
and ChonburiChonburi ProvinceChonburi is a province of Thailand. Neighboring provinces are Chachoengsao, Chanthaburi and Rayong. To the west is the Gulf of Thailand. The eastern seaboard is heavily industrialized and underpinned by shipping, transportation, tourism, and manufacturing industries, and second to only Bangkok...
, in response to anti-government protestors breaking into the conference center of a hotel complex in the sea-side resort city of Pattaya, in the then-venue site of the ASEAN was being held, immediately resulting in its cancellation. Another state of emergency on April 12, 2009, was announced in BangkokBangkokBangkok is the capital and largest urban area city in Thailand. It is known in Thai as Krung Thep Maha Nakhon or simply Krung Thep , meaning "city of angels." The full name of Bangkok is Krung Thep Mahanakhon Amon Rattanakosin Mahintharayutthaya Mahadilok Phop Noppharat Ratchathani Burirom...
and the surrounding areas, due to an heightened escalation of tension between the government and anti-government protesters, but was later lifted. - January 2009 - SlovakiaSlovakiaThe Slovak Republic is a landlocked state in Central Europe. It has a population of over five million and an area of about . Slovakia is bordered by the Czech Republic and Austria to the west, Poland to the north, Ukraine to the east and Hungary to the south...
was in a state of emergency due to natural gas supply shortage2009 Russia–Ukraine gas disputeThe Russia–Ukraine gas dispute of 2009 was a pricing dispute between Russia and Ukraine that occurred when Russian natural gas company Gazprom refused to conclude a supply contract for 2009 unless Ukrainian gas company Naftogaz paid its accumulating debts for previous gas supplies...
. - January 11, 2007 - BangladeshBangladeshBangladesh , officially the People's Republic of Bangladesh is a sovereign state located in South Asia. It is bordered by India on all sides except for a small border with Burma to the far southeast and by the Bay of Bengal to the south...
was in a state of emergency due to electoral violence. This ended on December 16, 2008, when new parliamentary elections were organised. - September 2, 2008 - A state of emergency was declared in BangkokBangkokBangkok is the capital and largest urban area city in Thailand. It is known in Thai as Krung Thep Maha Nakhon or simply Krung Thep , meaning "city of angels." The full name of Bangkok is Krung Thep Mahanakhon Amon Rattanakosin Mahintharayutthaya Mahadilok Phop Noppharat Ratchathani Burirom...
by Prime Minister Samak SundaravejSamak SundaravejSamak Sundaravej was a Thai Chinese politician who briefly served as the Prime Minister of Thailand and Minister of Defense in 2008, as well as the leader of the People's Power Party in 2008.-Early life and family:...
following civil unrest; it was lifted on September 14, 2008. - July 1, 2008 - MongoliaMongoliaMongolia is a landlocked country in East and Central Asia. It is bordered by Russia to the north and China to the south, east and west. Although Mongolia does not share a border with Kazakhstan, its western-most point is only from Kazakhstan's eastern tip. Ulan Bator, the capital and largest...
n president Nambaryn EnkhbayarNambaryn EnkhbayarNambaryn Enkhbayar is a Mongolian political figure. He was the Prime Minister of Mongolia from 2000 to 2004, the Speaker of Parliament from 2004 to 2005, and the President of Mongolia from 2005 to 2009...
declared a state of emergency in the capital UlaanbaatarUlaanbaatarUlan Bator or Ulaanbaatar is the capital and largest city of Mongolia. An independent municipality, the city is not part of any province, and its population as of 2008 is over one million....
for four days after violent protests against the ex-communist Mongolian People's Revolutionary PartyMongolian People's Revolutionary PartyThe Mongolian People's Party formerly the Mongolian People's Revolutionary Party is an ex-communist political party in Mongolia. The party is abbreviated MPP in English and ' in Mongolian...
(MPRP). The MPRP had claimed a majority of seats in the 2008 parliamentary electionsMongolian legislative election, 2008A legislative election in Mongolia was held on June 29, 2008. A total of 356 candidates were running for 76 seats in the State Great Khural. According to official results published on July 14, at least 39 seats went to the ruling Mongolian People's Revolutionary Party , and at least 25 seats went...
, but was accused of fraud and vote rigging by the less-successful parties. - March 2008 - ArmeniaArmeniaArmenia , officially the Republic of Armenia , is a landlocked mountainous country in the Caucasus region of Eurasia...
was in a state of emergency from March 2, 2008 to March 20, 2008, declared by President Robert KocharianRobert KocharianRobert Kocharyan was the second President of Armenia, serving from 1998 till 2008. He was previously President of Nagorno-Karabakh from 1994 to 1997 and Prime Minister of Armenia from 1997 to 1998.-Biography:...
in response to protests2008 Armenian presidential election protestsThe 2008 Armenian presidential election protests were a series of mass protests held in Armenia in the wake of the Armenian presidential election of 19 February 2008...
over the 2008 Armenian presidential electionsArmenian presidential election, 2008A presidential election was held in Armenia on 19 February 2008. Prime Minister of Armenia Serzh Sargsyan won the election in the first round according to official results, but this is disputed by former President Levon Ter-Petrossian, who officially placed second.The candidacy of Sargsyan was...
. - November 3, 2007 - PakistanPakistanPakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
was in a state of emergency from November 3, 2007 to December 15, 2007. PresidentPresident of PakistanThe President of Pakistan is the head of state, as well as figurehead, of the Islamic Republic of Pakistan. Recently passed an XVIII Amendment , Pakistan has a parliamentary democratic system of government. According to the Constitution, the President is chosen by the Electoral College to serve a...
Pervez MusharrafPervez MusharrafPervez Musharraf , is a retired four-star general who served as the 13th Chief of Army Staff and tenth President of Pakistan as well as tenth Chairman of the Joint Chiefs of Staff Committee. Musharraf headed and led an administrative military government from October 1999 till August 2007. He ruled...
declared emergency "to stop Pakistan from committing suicide". He lifted the state of emergency after he resigned from the armyPakistan ArmyThe Pakistan Army is the branch of the Pakistani Armed Forces responsible for land-based military operations. The Pakistan Army came into existence after the Partition of India and the resulting independence of Pakistan in 1947. It is currently headed by General Ashfaq Parvez Kayani. The Pakistan...
and took the oath of office as a civilian President of PakistanPresident of PakistanThe President of Pakistan is the head of state, as well as figurehead, of the Islamic Republic of Pakistan. Recently passed an XVIII Amendment , Pakistan has a parliamentary democratic system of government. According to the Constitution, the President is chosen by the Electoral College to serve a...
. - August 25, 2007 - Greece was in a state of emergency from August 25, 2007 to August 28, 2007 due to the highly destructive forest fires2007 Greek forest firesThe 2007 Greek forest fires were a series of massive forest fires that broke out in several areas across Greece throughout the summer of 2007. The most destructive and lethal infernos broke out on August 23, expanded rapidly and raged out of control until August 27, until they were put out in early...
that occurred throughout the country. - June 2007 - OmanOmanOman , officially called the Sultanate of Oman , is an Arab state in southwest Asia on the southeast coast of the Arabian Peninsula. It is bordered by the United Arab Emirates to the northwest, Saudi Arabia to the west, and Yemen to the southwest. The coast is formed by the Arabian Sea on the...
declared a state of emergency as the country was hit by the strongest named cyclone in the northern Indian Ocean, Cyclone GonuCyclone GonuCyclone Gonu is the strongest tropical cyclone on record in the Arabian Sea, and is also the strongest named cyclone in the northern Indian Ocean...
. - January 2007 - Santa Clara County in CaliforniaCaliforniaCalifornia is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
was under a state of emergency due to extremely cold temperatures. - May 14, 2006 - The U.S. states of MassachusettsMassachusettsThe Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...
and New HampshireNew HampshireNew Hampshire is a state in the New England region of the northeastern United States of America. The state was named after the southern English county of Hampshire. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Atlantic Ocean to the east, and the Canadian...
declared a state of emergency as a result of massive floodingNew England Flood of May 2006The New England Flood of May 2006 was a flood event that occurred in New England, especially in New Hampshire and Massachusetts, during the month of May, 2006. It started on May 11, 2006 as a result of an unusually strong low pressure system that stalled over the central United States, drawing...
from the strongest rains to hit the regions in almost 70 years. - October 13, 2006 - BuffaloBuffalo, New YorkBuffalo is the second most populous city in the state of New York, after New York City. Located in Western New York on the eastern shores of Lake Erie and at the head of the Niagara River across from Fort Erie, Ontario, Buffalo is the seat of Erie County and the principal city of the...
, New York declared a state of emergency when the "most devastating snow storm in U.S. history" hit the city. Schools and businesses were closed for a week, and Buffalo and surrounding towns and cities were declared major disaster areas by President Bush. - February 24, 2006 - the PhilippinesPhilippinesThe Philippines , officially known as the Republic of the Philippines , is a country in Southeast Asia in the western Pacific Ocean. To its north across the Luzon Strait lies Taiwan. West across the South China Sea sits Vietnam...
declared a state of emergency via Philippine Proclamation 1017 for one week until Philippine Proclamation 1021, in response to a supposed coup against President Gloria Macapagal Arroyo's government in the midst of the 20th anniversary of the 1986 People Power Revolution that toppled the rule of Ferdinand MarcosFerdinand MarcosFerdinand Emmanuel Edralin Marcos, Sr. was a Filipino leader and an authoritarian President of the Philippines from 1965 to 1986. He was a lawyer, member of the Philippine House of Representatives and a member of the Philippine Senate...
. - August 27, 2005 - In LouisianaLouisianaLouisiana is a state located in the southern region of the United States of America. Its capital is Baton Rouge and largest city is New Orleans. Louisiana is the only state in the U.S. with political subdivisions termed parishes, which are local governments equivalent to counties...
due to Hurricane Katrina - Mid-August 2005 - Sucumbios and OrellanaOrellana-Places:* Orellana de la Sierra* Orellana Province* Orellana la Vieja* Orellana, Peru...
, two provinces of EcuadorEcuadorEcuador , officially the Republic of Ecuador is a representative democratic republic in South America, bordered by Colombia on the north, Peru on the east and south, and by the Pacific Ocean to the west. It is one of only two countries in South America, along with Chile, that do not have a border...
, because of indigenous protests against oil firms - April 15, 2005 - QuitoQuitoSan Francisco de Quito, most often called Quito , is the capital city of Ecuador in northwestern South America. It is located in north-central Ecuador in the Guayllabamba river basin, on the eastern slopes of Pichincha, an active stratovolcano in the Andes mountains...
, capital of EcuadorEcuadorEcuador , officially the Republic of Ecuador is a representative democratic republic in South America, bordered by Colombia on the north, Peru on the east and south, and by the Pacific Ocean to the west. It is one of only two countries in South America, along with Chile, that do not have a border...
due to protests; lifted less than a day later, on April 17, 2005. - February to April 2005 - NepalNepalNepal , officially the Federal Democratic Republic of Nepal, is a landlocked sovereign state located in South Asia. It is located in the Himalayas and bordered to the north by the People's Republic of China, and to the south, east, and west by the Republic of India...
- December 2004 - Sri LankaSri LankaSri Lanka, officially the Democratic Socialist Republic of Sri Lanka is a country off the southern coast of the Indian subcontinent. Known until 1972 as Ceylon , Sri Lanka is an island surrounded by the Indian Ocean, the Gulf of Mannar and the Palk Strait, and lies in the vicinity of India and the...
, IndonesiaIndonesiaIndonesia , officially the Republic of Indonesia , is a country in Southeast Asia and Oceania. Indonesia is an archipelago comprising approximately 13,000 islands. It has 33 provinces with over 238 million people, and is the world's fourth most populous country. Indonesia is a republic, with an...
and MaldivesMaldivesThe Maldives , , officially Republic of Maldives , also referred to as the Maldive Islands, is an island nation in the Indian Ocean formed by a double chain of twenty-six atolls oriented north-south off India's Lakshadweep islands, between Minicoy Island and...
because of the tsunami2004 Indian Ocean earthquakeThe 2004 Indian Ocean earthquake was an undersea megathrust earthquake that occurred at 00:58:53 UTC on Sunday, December 26, 2004, with an epicentre off the west coast of Sumatra, Indonesia. The quake itself is known by the scientific community as the Sumatra-Andaman earthquake...
. - November 2004 - IraqIraqIraq ; officially the Republic of Iraq is a country in Western Asia spanning most of the northwestern end of the Zagros mountain range, the eastern part of the Syrian Desert and the northern part of the Arabian Desert....
- October 2004 - The Gaza StripGaza Stripthumb|Gaza city skylineThe Gaza Strip lies on the Eastern coast of the Mediterranean Sea. The Strip borders Egypt on the southwest and Israel on the south, east and north. It is about long, and between 6 and 12 kilometres wide, with a total area of...
and West BankWest BankThe West Bank ) of the Jordan River is the landlocked geographical eastern part of the Palestinian territories located in Western Asia. To the west, north, and south, the West Bank shares borders with the state of Israel. To the east, across the Jordan River, lies the Hashemite Kingdom of Jordan... - April 2004 - RyongchonRyongchonRyongch'ŏn is a kun in North P'yǒngan Province, North Korea, at the mouth of the Yalu River. The county seat is Ryongchŏn-ŭp, about from the border with China...
, North KoreaNorth KoreaThe Democratic People’s Republic of Korea , , is a country in East Asia, occupying the northern half of the Korean Peninsula. Its capital and largest city is Pyongyang. The Korean Demilitarized Zone serves as the buffer zone between North Korea and South Korea...
following a major explosion. - November 2003 - GeorgiaGeorgia (country)Georgia is a sovereign state in the Caucasus region of Eurasia. Located at the crossroads of Western Asia and Eastern Europe, it is bounded to the west by the Black Sea, to the north by Russia, to the southwest by Turkey, to the south by Armenia, and to the southeast by Azerbaijan. The capital of...
, following weeks of civil unrest. - August 2003 - MichiganMichiganMichigan is a U.S. state located in the Great Lakes Region of the United States of America. The name Michigan is the French form of the Ojibwa word mishigamaa, meaning "large water" or "large lake"....
, OhioOhioOhio is a Midwestern state in the United States. The 34th largest state by area in the U.S.,it is the 7th‑most populous with over 11.5 million residents, containing several major American cities and seven metropolitan areas with populations of 500,000 or more.The state's capital is Columbus...
, New YorkNew YorkNew York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
, US and OntarioOntarioOntario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa....
, Canada, in response to the 2003 North America blackout. - August 2003 - PhilippinesPhilippinesThe Philippines , officially known as the Republic of the Philippines , is a country in Southeast Asia in the western Pacific Ocean. To its north across the Luzon Strait lies Taiwan. West across the South China Sea sits Vietnam...
- August 2003 - Portugal, in response to forest fires.
- July 2003 - Mexico, in response to a West Nile virusWest Nile virusWest Nile virus is a virus of the family Flaviviridae. Part of the Japanese encephalitis antigenic complex of viruses, it is found in both tropical and temperate regions. It mainly infects birds, but is known to infect humans, horses, dogs, cats, bats, chipmunks, skunks, squirrels, domestic...
outbreak (estado de emergencia). - May 2003 - PeruPeruPeru , officially the Republic of Peru , is a country in western South America. It is bordered on the north by Ecuador and Colombia, on the east by Brazil, on the southeast by Bolivia, on the south by Chile, and on the west by the Pacific Ocean....
(estado de excepción or estado de sitio depending on the source). - April 2003 - Mato GrossoMato GrossoMato Grosso is one of the states of Brazil, the third largest in area, located in the western part of the country.Neighboring states are Rondônia, Amazonas, Pará, Tocantins, Goiás and Mato Grosso do Sul. It also borders Bolivia to the southwest...
, Brazil, in response to torrential rainfall (estado de emergência). - March 2003 - SerbiaSerbiaSerbia , officially the Republic of Serbia , is a landlocked country located at the crossroads of Central and Southeast Europe, covering the southern part of the Carpathian basin and the central part of the Balkans...
after assassination of Zoran Đinđić (vanredno stanje). - January 2003 - CanberraCanberraCanberra is the capital city of Australia. With a population of over 345,000, it is Australia's largest inland city and the eighth-largest city overall. The city is located at the northern end of the Australian Capital Territory , south-west of Sydney, and north-east of Melbourne...
, the national capital of Australia during the Canberra bushfires of 20032003 Canberra bushfiresThe Canberra bushfires of 2003 caused severe damage to the outskirts of Canberra, the Australian capital city. Almost 70% of the Australian Capital Territory’s pasture, forests and nature parks were severely damaged, and most of the renowned Mount Stromlo Observatory was destroyed...
. - September 2002 - Moscow, Russia, in response to smoke pollution from forest fires.
- July 2002 - ParaguayParaguayParaguay , officially the Republic of Paraguay , is a landlocked country in South America. It is bordered by Argentina to the south and southwest, Brazil to the east and northeast, and Bolivia to the northwest. Paraguay lies on both banks of the Paraguay River, which runs through the center of the...
(estado de excepción) - December 2001 - ArgentinaArgentinaArgentina , officially the Argentine Republic , is the second largest country in South America by land area, after Brazil. It is constituted as a federation of 23 provinces and an autonomous city, Buenos Aires...
(estado de sitio), in response to public unrestDecember 2001 riots (Argentina)The December 2001 uprising was a period of civil unrest and rioting in Argentina, which took place during December 2001, with the most violent incidents taking place on December 19 and December 20 in the capital, Buenos Aires, Rosario and other large cities around the country.- Background :The...
. - November 2001 - NepalNepalNepal , officially the Federal Democratic Republic of Nepal, is a landlocked sovereign state located in South Asia. It is located in the Himalayas and bordered to the north by the People's Republic of China, and to the south, east, and west by the Republic of India...
, in response to increased guerrilla activity. - September 2001 - the U.S., in response to the September 11, 2001 attacksSeptember 11, 2001 attacksThe September 11 attacks The September 11 attacks The September 11 attacks (also referred to as September 11, September 11th or 9/119/11 is pronounced "nine eleven". The slash is not part of the pronunciation...
. - November 30, 1999 - Seattle, Washington, stemming from protest of the WTO Ministerial Conference of 1999WTO Ministerial Conference of 1999The WTO Ministerial Conference of 1999 was a meeting of the World Trade Organization, convened at the Washington State Convention and Trade Center in Seattle, Washington, USA, over the course of three days, beginning November 30, 1999. A week before the meeting, delegates admitted failure to agree...
and police reaction to it. - March 2, 1997 - The 1997 unrest in AlbaniaAlbaniaAlbania , officially known as the Republic of Albania , is a country in Southeastern Europe, in the Balkans region. It is bordered by Montenegro to the northwest, Kosovo to the northeast, the Republic of Macedonia to the east and Greece to the south and southeast. It has a coast on the Adriatic Sea...
, also known as the Lottery Uprising or Anarchy in Albania, was an uprising sparked by Ponzi scheme failures. Albania descended into anarchy and violence in which the government was toppled and some 2,000 people were killed. On March 1, Prime Minister Aleksandër Meksi resigned and on March 2 President Sali BerishaSali BerishaSali Ram Berisha is an Albanian politician and cardiologist, currently the Prime Minister of Albania and the leader of Democratic Party of Albania ....
declared a state of emergency. - August 5, 1995 - Trinidad and TobagoTrinidad and TobagoTrinidad and Tobago officially the Republic of Trinidad and Tobago is an archipelagic state in the southern Caribbean, lying just off the coast of northeastern Venezuela and south of Grenada in the Lesser Antilles...
to remove Speaker of the House Occah Seapaul who refused to resign. - Winter 1995 - Sault Ste. Marie, Michigan after a severe snowstorm buried the city in 6 feet (1.8 m) of snow.
- April–May 1992 - United States, CaliforniaCaliforniaCalifornia is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
. State of Emergency was declared in response of the 1992 Los Angeles Riots1992 Los Angeles riotsThe 1992 Los Angeles Riots or South Central Riots, also known as the 1992 Los Angeles Civil Unrest were sparked on April 29, 1992, when a jury acquitted three white and one hispanic Los Angeles Police Department officers accused in the videotaped beating of black motorist Rodney King following a...
. - March 1992 - Republic of Moldova, in response to ethnic conflict between RomanianRomaniansThe Romanians are an ethnic group native to Romania, who speak Romanian; they are the majority inhabitants of Romania....
and RussianRussiansThe Russian people are an East Slavic ethnic group native to Russia, speaking the Russian language and primarily living in Russia and neighboring countries....
minorities - 1992 to 2011 - AlgeriaAlgeriaAlgeria , officially the People's Democratic Republic of Algeria , also formally referred to as the Democratic and Popular Republic of Algeria, is a country in the Maghreb region of Northwest Africa with Algiers as its capital.In terms of land area, it is the largest country in Africa and the Arab...
endures a 19-year state of emergency enacted at the beginning of the 1992 coupAlgerian Civil WarThe Algerian Civil War was an armed conflict between the Algerian government and various Islamist rebel groups which began in 1991. It is estimated to have cost between 150,000 and 200,000 lives, in a population of about 25,010,000 in 1990 and 31,193,917 in 2000.More than 70 journalists were...
. The state of emergency, which suspended citizens' rights in lieu of military power, was lifted after the Algerian Government gave in to protestor demands during the 2011 Jasmine Revolution. - August 1991 - Soviet UnionSoviet UnionThe Soviet Union , officially the Union of Soviet Socialist Republics , was a constitutionally socialist state that existed in Eurasia between 1922 and 1991....
, enemies of Mikhail GorbachevMikhail GorbachevMikhail Sergeyevich Gorbachev is a former Soviet statesman, having served as General Secretary of the Communist Party of the Soviet Union from 1985 until 1991, and as the last head of state of the USSR, having served from 1988 until its dissolution in 1991...
's reforms evoked the state of emergency because Gorbachev, according to them, was destroying both communismCommunismCommunism is a social, political and economic ideology that aims at the establishment of a classless, moneyless, revolutionary and stateless socialist society structured upon common ownership of the means of production...
and the state itself. The leader of the coup was Gennady YanayevGennady YanayevGennady Ivanovich Yanayev was a Soviet Russian politician and statesman whose career spanned the rules of Khrushchev, Brezhnev, Andropov and Chernenko, and culminated during the Gorbachev years. Yanayev was born in Perevoz, Gorky Oblast...
. - July–August 1990 - Trinidad and TobagoTrinidad and TobagoTrinidad and Tobago officially the Republic of Trinidad and Tobago is an archipelagic state in the southern Caribbean, lying just off the coast of northeastern Venezuela and south of Grenada in the Lesser Antilles...
declared a state of emergency when a group stormed Parliament and a TV Station holding government officials, including the Prime MinisterPrime ministerA prime minister is the most senior minister of cabinet in the executive branch of government in a parliamentary system. In many systems, the prime minister selects and may dismiss other members of the cabinet, and allocates posts to members within the government. In most systems, the prime...
at ransom. See Jamaat al Muslimeen coup attemptJamaat al Muslimeen coup attemptOn Friday 27 July 1990, 114 members of the Jamaat al Muslimeen, an Afro-Trinidadian Islamic organisation, led by Imam Yasin Abu Bakr and Bilaal Abdullah attempted to stage a coup d'état against the government of Trinidad and Tobago. Forty-two insurgents stormed the Red House and took the Prime... - July 1985 to February 1990 - South AfricaSouth AfricaThe Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
, in response to increasing civil unrest and township violence opposing apartheid rule. - 1975 to 1977 - India. Indira GandhiIndira GandhiIndira Priyadarshini Gandhara was an Indian politician who served as the third Prime Minister of India for three consecutive terms and a fourth term . She was assassinated by Sikh extremists...
declared a state of emergency in 1975 in response to political opposition and her own conviction on charges of electoral fraud. The Emergency lasted for 19 months; - 1972 to 1976 - MauritiusMauritiusMauritius , officially the Republic of Mauritius is an island nation off the southeast coast of the African continent in the southwest Indian Ocean, about east of Madagascar...
, due to ethnic and labor-related unrest. Elections were suspended during this period, and political rights were broadly circumscribed. - 1971 - QueenslandQueenslandQueensland is a state of Australia, occupying the north-eastern section of the mainland continent. It is bordered by the Northern Territory, South Australia and New South Wales to the west, south-west and south respectively. To the east, Queensland is bordered by the Coral Sea and Pacific Ocean...
, Australia in response to fears over increasing protest over the 1971 Springbok tour1971 Springbok tourThe 1971 South Africa rugby union tour of Australia was a controversial six-week rugby union tour by the South African national team to Australia. Anti-apartheid protests came to being all around the country. The tour is perhaps most infamous for a state of emergency being declared in Queensland... - 1970 to 1972 - Trinidad and TobagoTrinidad and TobagoTrinidad and Tobago officially the Republic of Trinidad and Tobago is an archipelagic state in the southern Caribbean, lying just off the coast of northeastern Venezuela and south of Grenada in the Lesser Antilles...
a state of emergency was declared to deal with the Black Power RevolutionBlack Power RevolutionThe Black Power Revolution, also known as the "Black Power Movement", 1970 Revolution, Black Power Uprising and February Revolution, was an attempt by a number of social elements, people and interest groups in Trinidad and Tobago to force socio-political change.-History:Between 1968 and 1970 the...
which also included a mutiny in the Military. - 1972 - the United Kingdom in response to increasingly militantMilitantThe word militant, which is both an adjective and a noun, usually is used to mean vigorously active, combative and aggressive, especially in support of a cause, as in 'militant reformers'. It comes from the 15th century Latin "militare" meaning "to serve as a soldier"...
industrial actionIndustrial actionIndustrial action or job action refers collectively to any measure taken by trade unions or other organised labour meant to reduce productivity in a workplace. Quite often it is used and interpreted as a euphemism for strike, but the scope is much wider...
. - October 1970 - QuebecQuebecQuebec or is a province in east-central Canada. It is the only Canadian province with a predominantly French-speaking population and the only one whose sole official language is French at the provincial level....
in response to the October CrisisOctober CrisisThe October Crisis was a series of events triggered by two kidnappings of government officials by members of the Front de libération du Québec during October 1970 in the province of Quebec, mainly in the Montreal metropolitan area.The circumstances ultimately culminated in the only peacetime use...
kidnappings of government officials. - July 1967 - Detroit in response to the 12th Street riot12th Street riotThe 1967 Detroit riot, also known as the 12th Street riot, was a civil disturbance in Detroit, Michigan, that began in the early morning hours of Sunday, July 23, 1967. The precipitating event was a police raid of an unlicensed, after-hours bar then known as a blind pig, on the corner of 12th and...
started on Sunday morning during a blind pig raid. - 1948 to 1960 - Malayan EmergencyMalayan EmergencyThe Malayan Emergency was a guerrilla war fought between Commonwealth armed forces and the Malayan National Liberation Army , the military arm of the Malayan Communist Party, from 1948 to 1960....
in Malaysia and Singapore - 1950 to 1978 - United States due to the Cold WarCold WarThe Cold War was the continuing state from roughly 1946 to 1991 of political conflict, military tension, proxy wars, and economic competition between the Communist World—primarily the Soviet Union and its satellite states and allies—and the powers of the Western world, primarily the United States...
, specifically the threat of "world conquest by communist imperialism." - 1939 to 1952 - United States due to World War IIWorld War IIWorld War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
- 1941 to 1942 - Moscow due to the German Advance to within 19 miles (31 km) of the city
- March 18, 1907 - MoldaviaMoldaviaMoldavia is a geographic and historical region and former principality in Eastern Europe, corresponding to the territory between the Eastern Carpathians and the Dniester river...
and WallachiaWallachiaWallachia or Walachia is a historical and geographical region of Romania. It is situated north of the Danube and south of the Southern Carpathians...
in Romania during the 1907 Romanian Peasants' Revolt1907 Romanian Peasants' RevoltThe 1907 Romanian Peasants' Revolt took place in March 1907 in Moldavia and it quickly spread, reaching Wallachia. The main cause was the discontent of the peasants about the inequity of land ownership, which was in the hands of just a few large landowners....
.
See also
- Arbitrary arrest and detentionArbitrary arrest and detentionArbitrary arrest and arbitrary detention are the arrest or detention of an individual in a case in which there is no likelihood or evidence that they committed a crime against legal statute, or in which there has been no proper due process of law...
- Due processDue processDue process is the legal code that the state must venerate all of the legal rights that are owed to a person under the principle. Due process balances the power of the state law of the land and thus protects individual persons from it...
- Search and seizureSearch and seizureSearch and seizure is a legal procedure used in many civil law and common law legal systems whereby police or other authorities and their agents, who suspect that a crime has been committed, do a search of a person's property and confiscate any relevant evidence to the crime.Some countries have...
- Senate Report 93-549Senate Report 93-549Senate Report 93-549 was a document issued by the "Special Committee on the Termination of the National Emergency" of the 93rd Congress . Its purpose was to discuss and address the 40 year long state of emergency that had been in effect in the United States since 1933...
- Unitary executive theoryUnitary executive theoryThe unitary executive theory is a theory of American constitutional law holding that the President controls the entire executive branch. The doctrine is based upon Article Two of the United States Constitution, which vests "the executive power" of the United States in the President.Although that...
- Martial lawMartial lawMartial law is the imposition of military rule by military authorities over designated regions on an emergency basis— only temporary—when the civilian government or civilian authorities fail to function effectively , when there are extensive riots and protests, or when the disobedience of the law...
External links
- States of Emergency Geneva Centre for the Democratic Control of Armed Forces (DCAF)
- Human Rights CommitteeHuman Rights CommitteeThe United Nations Human Rights Committee is a United Nations body of 18 experts that meets three times a year for four-week sessions to consider the five-yearly reports submitted by 162 UN member states on their compliance with the International Covenant on Civil and Political Rights,...
, General Comment 29, States of Emergency (article 4), U.N. Doc. CCPR/C/21/Rev.1/Add.11 (2001) - The protection of human rights in emergency situations, PACEPACE-Associations:* Paper, Allied-Industrial, Chemical & Energy Workers International Union* National PACE Association* Partnership for Academic Competition Excellence-Educational programs:...
report (2009) - Opinion on the protection of human rights in emergency situations, Venice CommissionVenice CommissionThe Venice Commission is an advisory body of the Council of Europe, composed of independent experts in the field of constitutional law. It was created in 1990 after the fall of the Berlin wall, at a time of urgent need for constitutional assistance in Central and Eastern Europe...
(2006)