States of Emergency - Centre for Policy Alternatives

were the result of an initiative by the International Law
Association (ILA) to set standards on the protection of human
rights during emergencies in the light of the general international
law of human rights. The seventy‐six Siracusa Principles on
limitations and derogations were developed with speciLic
reference to the derogations regime of the ICCPR.
Section (A), paragraph 1 (b) of the Paris Minimum Standards
states that “The expression ‘public emergency’ means an
exceptional situation of crisis or public danger, actual or
imminent, which affects the whole population or the whole
population of the area to which the declaration applies and
constitutes a threat to the organised life of the community of
which the state is composed.”
Principle 39 of the Siracusa Principles states that a State may
derogate from its obligations under the ICCPR by recourse to
Article 4, “…only when faced with a situation of exceptional and
actual or imminent danger which threatens the life of the nation. A
threat to the life of the nation is one that: affects the whole of the
population and either the whole of part of the territory of the
State, and threatens the physical integrity of the population, the
political independence or the territorial integrity of the State or
the existence or basic functioning of institutions indispensable to
ensure and protect the rights recognised in the Covenant.”
Principle 40 states that, “Internal conLlict and unrest that do not
constitute a grave and imminent threat to the life of the nation
cannot justify derogations under Article 4.” Principle 41 states
that, “Economic difLiculties per
 se
 cannot justify derogation
measures.” 196 120
196
See also Daniel O’Donnell (1985) ‘Commentary
by
the
Rapporteur
on
Derogation’ 7 Human
Rights
Quarterly
23 at pp.23‐25 (restating
principles).