Where is R2P grounded in international law? Anne-Marie Judson A ...

subject to any restrictions in times of peace however this article is not protected during
states of emergencies and therefore the conditions of this article can also be derogated.
The state is not restricted or subject to any restrictions and can willfully refuse citizens
entrance into their own country. 327 Aliens living in the country that is in a state of
emergency may be expelled to another country; the person does not have the right to
be informed why or have any rights to have the case reviewed. 328
During a state of emergency no one has the right to be heard before the court and
tribunals and the state does not have to ensure the right to a competent, independent
and impartial tribunal established by law. The state does not have to allow public
media into the courts on any basis whatsoever. The state does not have to follow the
rules on innocent until proven guilty; they do not have to inform the person promptly,
in detail or in language that the person understands. They do not have to provide an
interpreter, or give the person time to prepare for their defence; the person does not
have the right to council, or trial without undue delay, or to be tried in his/her
presence. The person does not have the right to defend himself/herself or have legal
assistance of his/her own choosing and the person may be forced to pay for any legal
assistance and if they cannot, the state does not have to provide defence. 329
Furthermore no one has the right to examine or have examined the witness if any,
and the person may be compelled to testify against himself/herself to confess guilt.
The state does not have to give anyone the right to review and everyone can be
punished more than once for the same criminal offence that they have already been
acquitted.
The privacy of individuals or families can be interfered with including their mail or
correspondence and or their home and attacks may be made on their honour and
reputation. 330 The right to hold opinions without interference may be derogated in a
state of emergency. The right to freedom of expression, the freedom to seek, to receive
and impart information and ideas of all kinds can be prohibited. These prohibitions
include the right to information either orally, in writing, in print, art or through any
327 Article 12, page 7
328 Article 13, page 7
329 Article 14, page 8
330 Article 17, page 10
102