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

institutions. 340 It says that internal conflict and unrest that do not constitute a grave
and imminent threat to the life of the nation cannot justify derogations under Article
4. The Human Rights Council also provides further research: in a general comment,
they notioned that, “not every disturbance or catastrophe qualifies as a public
emergency” 341 and that the state of emergency could include “natural catastrophes, a
mass demonstration, instances of violence and major incidence”. The Geneva
Academy on International Humanitarian and Human Rights law adds to this “civil
war and other cases of serious, violent internal arrest are by far the reasons most
asserted for declaring a state of emergency”. 342 The Lawless v. Ireland case also
reinforces the exceptional situation of a crisis’ as a condition for a state of emergency,
adding that it must affect the ‘whole population and constitute a threat to organized
life’. 343 Another example of exceptional circumstances can be found under the A and
others v. United Kingdom case (2009) whereby the court notioned that the attacks on 9/11
in New York city and terrorism attacks of this nature constitute an emergency
situation threatening the life of the nation. 344
Secondly the state must inform all other parties to the derogations that may take place
through the Secretary-General. The Siracusa Principles outlined that this official
proclamation must be for the existence of the public emergency threatening the life of
the nation 345 and national law changes must follow. 346 The notification to the
Secretary-General and all other parties must contain sufficient information to permit
state parties to exercise their rights and discharge their obligations under the
Covenant.
These include (a) the provisions from which it has derogated or from which it intends
to derogate, (b) the proclamation of the emergency including the constitutional
provisions, legislation or decrees governing the state of emergency, (c) the date of the
340 Articles 39 (a), (b),
341 See United Nations Document A/56.40 vol.1.202
342 Last accessed 3 rd October 20111, http://www.adh-­geneva.ch/rulac/derogation_from_human_rights_treaties_in_situations_of_emergency.php
343 Lawless v. Ireland, (no.3) (1961) 1 the European court of Human Rights, EHRR, 15, page 31
344 A and others v. United Kingdom, application no 3455/05, Council of Europe, European court of
Human Rights, 19 th February (2009) para 179
345 Article 42, last accessed on the 3 rd October 2011,
http://www1.umn.edu/humanrts/instree/siracusaprinciples.html
346 Article 43
105