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Max Planck Encyclopedia of Public International Law [MPEPIL]

Emergency, State of

David Kretzmer

Content type:
Encyclopedia entries
Product:
Max Planck Encyclopedias of International Law [MPIL]

Module:
Max Planck Encyclopedia of Public International Law [MPEPIL]
Article last updated:
October 2021

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 02 July 2022

Subject(s):
Equality before the law — Torture — Right to fair trial — Right to liberty and security of person — Right to liberty of movement — Right to life — Derogations — Insurgents and insurrection — Armed conflict — Act of state

Published under the auspices of the Max Planck Institute for Comparative Public Law and International Law under the direction of Professor Anne Peters (2021–) and Professor Rüdiger Wolfrum (2004–2020). 

1 Recognition of a state of emergency, or state of siege, in the domestic legal order dates back at least to Roman times and has been recognized since then in many legal systems (Loevy [2016]). Such recognition encapsulates the idea that when a threat to the life of the nation exists, extraordinary measures departing from the normal legal and constitutional order may be required to cope with the threat. These measures should be temporary and last only until the threat has passed, at which time the State should revert to the regular legal order. Many domestic...
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