A state of emergency is a situation in which a government is empowered to put through policies that it would normally not be permitted to do, for the safety and protection of its citizens. A government can declare such a state before, during, or after a natural disaster, civil unrest, armed conflict, medical pandemic or epidemic or other biosecurity risk.

Relationship with international law Under international law, rights and freedoms may be suspended during a state of emergency, depending on the severity of the emergency and a government's policies.

Use and viewpoints Democracies use states of emergency to manage a range of situations from extreme weather events to public order situations. Dictatorial regimes often declare a state of emergency that is prolonged indefinitely for the life of the regime, or for extended periods of time, so that derogations can be used to override human rights of their citizens, usually protected by the International Covenant on Civil and Political Rights (ICCPR).See Judson, 2012, "Where is R2P grounded in international law ". In some situations, martial law is also declared, allowing the military greater authority to act. In other situations, an emergency is not declared, and de facto measures are taken, or the government adopts a decree-law. Nicole Questiaux (France) and Leandro Despouy (Argentina), two consecutive United Nations Special Rapporteurs, have recommended to the international community to adopt the following "principles" to be observed during a state or de facto situation of emergency: Principles of Legality, Proclamation, Notification, Time Limitation, Exceptional Threat, Proportionality, Non-Discrimination, Compatibility, Concordance and Complementarity of the Various Norms of International Law (cf. "Question of Human Rights and State of Emergency", E/CN.4/Sub.2/1997/19, at Chapter II; see also état d'exception).

Article 4 to the ICCPR permits states to derogate from certain rights guaranteed by the ICCPR in "time of public emergency". Any measures derogating from obligations under the Covenant, however, must be to only the extent required by the exigencies of the situation, and must be announced by the State Party to the Secretary-General of the United Nations. The European Convention on Human RightsEuropean Convention on Human Rights, Article 15 and American Convention on Human RightsAmerican Convention on Human Rights, Article 27 have similar derogatory provisions. No derogation is permitted to the International Labour Conventions.

Some, such as political theorist and Nazi Party member Carl Schmitt, have argued that the power to decide whether to initiate a state of emergency defines sovereignty itself. In State of Exception (2005), Giorgio Agamben criticized this idea, arguing that the mechanism of the state of emergency deprives certain people of their civil and political rights, producing his interpretation of homo sacer.

The state of emergency can be used to overthrow an existing regime's constitution. One example was the August 1991 attempted coup in the Soviet Union (USSR) where the coup leaders invoked a state of emergency; the failure of the coup led to the dissolution of the Soviet Union.

Derogations by states having ratified or acceded to binding international agreements such as the ICCPR, the American and European Conventions on Human Rights and the International Labor Conventions are monitored by independent expert committees, regional Courts and other State Parties.

Law in selected countries

Africa Egypt

States of emergency in Egypt are governed by Law 1958/162.Law 1958/162 (Emergency Law) at EMERglobal Lex , part of the Edinburgh Middle East Report. Retrieved 2 April 2010. The law grants greater powers to the police, suspends some constitutional rights and legalizes media censorship and state detention of individuals, who may be tried before military courts created under emergency rule.

Since the proclamation of the republican system in 1953, Egyptians have lived under four successive periods of emergency rule lasting more than a year: 1956–1964, 1967–1980, 1981–2012 and 2017–2021. The emergency law received widespread criticism during the presidency of Hosni Mubarak, when thousands of civilians were detained under the law according to human rights groups, with estimates of political prisoners running as high as 30,000.

Ethiopia

Article 93 of the Constitution of Ethiopia provides for a six-month state of emergency under certain conditions.

Maldives A state of emergency was declared on 26 December 2004, following the 2004 Indian Ocean Earthquake and Tsunami. The resulting tsunamis caused extensive damage to the country's infrastructure, cutting off communications in large swathes of the nation, decimating islands, and forcing the closure of several resorts.

On 5 February 2018, a state of emergency was declared by Maldives's President Abdulla Yameen for 15 days and ordered security forces into the Supreme Court of the Maldives and arrested former president Maumoon Abdul Gayoom and the Chief Justice of the Maldives.

Nigeria In Nigeria, a state of emergency is usually declared during periods of major civil unrest. In recent years, it has specifically been implemented in reaction to terrorist attacks on Nigerians by the Islamic terrorist group Boko Haram.

On 14 May 2013, Goodluck Jonathan declared a state of emergency for the entire northeastern states of Borno, Yobe and Adamawa. A more limited state of emergency had been declared on 31 December 2011 in parts of Yobe, Borno, Plateau and Niger states. This earlier declaration included the temporary shutdown of the international borders in those regions.

On 26 November 2025, Nigerian President Bola Ahmed Tinubu declared a nationwide security emergency and ordered the military, police, and intelligence agencies to expand recruitment and immediately deploy thousands of additional personnel. He also urged the National Assembly to initiate a process of reforming state police forces to address the escalating wave of kidnappings and terrorist attacks across the country.

Sierra Leone Sierra Leone declared, on 7 February 2019, a State of Emergency due to ongoing rape and sexual violence in the country. On 24 March 2020, a 12-month state of emergency was declared by (Rtd) Brigadier Julius Madaa Bio due to the COVID-19 pandemic.

South Africa

States of emergency in South Africa are governed by section 37 of the Constitution and by the State of Emergency Act, 1997. The president may declare a state of emergency only when "the life of the nation is threatened by war, invasion, general insurrection, disorder, natural disaster or other public emergency" and if the ordinary laws and government powers are not sufficient to restore peace and order. The declaration is made by proclamation in the Government Gazette and may only apply from the time of publication, not retroactively. It can only continue for 21 days unless the National Assembly grants an extension, which may be for up to 3 months at a time. The High Courts have the power, subject to confirmation by the Constitutional Court, to determine the validity of the declaration of a state of emergency.

During a state of emergency, the President of South Africa has the power to make emergency regulations "necessary or expedient" to restore peace and order and end the emergency. This power can be delegated to other authorities. Emergency measures can violate the Bill of Rights, but only to a limited extent. Some rights are inviolable, including, amongst others, the rights to life and to human dignity; the prohibition of discrimination on the grounds of race, sex, or religion; the prohibition of torture or inhumane punishment; and the right of accused people to a fair trial. The emergency must strictly require that any violation of a constitutional right occur. Emergency measures may not indemnify the government or individuals for illegal actions. They may impose criminal penalties, but not exceeding three years' imprisonment. They may not require military service beyond what is required by the ordinary laws governing the defence force. An emergency measure may be disapproved by the National Assembly, in which case it lapses, and no emergency measure may interfere with the elections, powers, or sittings of Parliament or the provincial legislatures. The courts have the power to determine the validity of any emergency measure.

The constitution places strict limits on any detention without trial during a state of emergency. A friend or family member of the detainee must be informed, and the name and place of detention must be published in the Government Gazette. The detainee must have access to a doctor and a legal representative. The detainee must be brought before a court within 10 days to determine whether the detention is necessary; if not released, the court may order repeated review every 10 days. At the court review, the detainee must be allowed legal representation and to appear in person. The provisions on detention without trial do not apply to prisoners of war in an international conflict; instead, they must be treated in accordance with the Geneva Conventions and other international law.

Zimbabwe In Zimbabwe, the declaration of a state of disaster is regulated by Section 27 of the Civil Protection Act [Chapter 10:06].

Americas Argentina The Constitution of Argentina, which has been amended several times, has always allowed for a state of emergency (literally estado de sitio, "state of siege") to be declared if the constitution or the authorities it creates are endangered by internal unrest or foreign attack. This provision was much abused during dictatorships, with long-lasting states of siege giving the government a free hand to suppress opposition. The American Convention on Human Rights (Pacto de San José de Costa Rica), adopted in 1969 but ratified by Argentina only in 1984 immediately after the end of the National Reorganization Process, restricts abuse of the state of emergency by requiring any signatory nation declaring such a state to inform the other signatories of its circumstances and duration, and what rights are affected.

Brazil The current constitution of Brazil allows the president to declare two states, to "preserve or establish peace and order, threatened by grave and imminent institutional instability or severe natural disasters". The first, and less severe state is the state of defense (), while a more severe form is the state of siege ().

Canada

The federal government of Canada can use the Emergencies Act to invoke a state of emergency. A national state of emergency automatically expires after 90 days, unless extended by the Governor-in-Council. There are different levels of emergencies: Public Welfare Emergency, Public Order Emergency, International Emergency, and War Emergency.

The Emergencies Act replaced the War Measures Act in 1988. The War Measures Act was invoked three times in Canadian history, most controversially by Prime Minister Pierre Trudeau during the 1970 October Crisis, and also by Prime Minister Robert Borden during World War I (from 1914 to 1920, against threat of Communism during the Revolutions of 1917–1923) and by Prime Minister William Lyon Mackenzie King during World War II (from 1942 to 1945, against perceived threat from Japanese Canadians following Imperial Japan's attack on Pearl Harbor).