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

France declared a state of emergency in 2005 without reference to reasons or articles.
Israel has breached the ICCPR by continuing a state of emergency when the
measures for derogations are supposed to be temporary in nature. They did say
however that they were derogating from Article 9 relating to the rights of security of
the person.
Jamaica declared a state of emergency in 2004 and 2007, without giving reasons.
Panama did not provide the articles it was derogating from in 1987. Peru, with over
50 declarations has only ever once given its reasons for derogations. Paraguay has
failed to terminate its declaration that was supposed to only be in force for 30 days in
2010. Sudan has not given any correspondence to the Secretary-General on
derogations since 2002, therefore leaving the public and other states to assume that
the proposed derogations from Article 22 are its only declared reservations. Trinidad
and Tobago declared a state of emergency in 1990. They supplied the articles at the
time but did not send a termination letter. Great Britain declared that it had
terminated its derogations in 1988 and then continued by adding another article to
the derogations. They again withdrew derogations in 2001 and then continued some
in Jersey, Guernsey and the Isle of Man. It seems that derogations are continuing in
these areas.
In terms of compliance many states appear to be failing in their obligations to outline
the reasons why they are derogating from certain civil and political rights under the
state of emergency provisions in the ICCPR.
Some state parties to the ICCPR have not declared a state of emergency even in the
face of grave crimes. This includes Rwanda who has been a member since 1975. The
Libyan Arab Jamahiriya has been a party since 1970 and in 2011 Gadhaffi publicly
declared Libya was in a state of emergency but did not declare it officially in writing to
the Secretary-General. President Obama also called for a state of emergency in Libya
in a media presentation around the same time. This also raises other questions about
the legal aspects of state declarations of a state of emergency in another state. It also
raises other questions regarding state declarations that are verbal rather than in
writing and state dependence on their own constitutional arrangements for a state of
emergency. There does not seem to be any reason why a state does not declare a state
of emergency and others do, some even declaring it post facto. It would seem that
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