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A government or division of government (i.e. on a municipal, provincial/state level) may declare that their area is in a state of emergency. This means that the government can suspend and/or change some functions of the executive, the legislative and/or the judiciary during this period of time. It alerts citizens to change their normal behavior and orders government agencies to implement emergency plans. A government can declare a state of emergency during a time of natural or human-made disaster, during a period of civil unrest, or following a declaration of war or situation of international/internal armed conflict. ''Justitium'' is its equivalent in Roman law, where Senate could put forward senatus consultum ultimum. It can also be used as a rationale (or pretext) for suspending rights and freedoms guaranteed under a country's constitution or basic law. The procedure for and legality of doing so varies by country. ==Relationship with International law== Under international law, rights and freedoms may be suspended during a state of emergency; for example, a government can detain persons and hold them without trial. All rights that can be derogated from are listed in the International Covenant for Civil and Political Rights. Non-derogable rights cannot be suspended.〔 D. Prémont, C. Stenersen, I. Oseredczuk, Bruylant, Brussels, ''Droits intangibles et états d'exception''() 1996, 644p., ISBN 2-8027-0766-3, Éditions ''Bruylant''〕 Non-derogable rights are listed in Article 4 of the ICCPR, they include the rights to freedom from arbitrary deprivation of liberty and to freedom from torture and/or ill-treatment.〔Article 4, International Covenant on Civil and Political Rights〕 Some countries have made it illegal to modify emergency law or the constitution during the emergency; other countries have the freedom to change any legislation or rights based constitutional frameworks at any time that the legislative chooses to do so. Constitutions are contracts between the government and the private individuals of that country. The International Covenant for Civil and Political Rights (ICCPR) is an international law document signed by states. Therefore, the Covenant only applies to persons acting in an official capacity, not private individuals. However, signatories to the Covenant are expected to integrate it into national legislation. The state of emergency (within the ICCPR framework) must be publicly declared and the Secretary-General of the United Nations must be contacted immediately, to declare the reason for the emergency, the date on which the emergency is to start, the derogations that may take place, with the timeframe of the emergency and the date in which the emergency is expected to finish. Although this is common protocol stipulated by the ICCPR often this is not strictly followed; enforcement is better regulated by European Convention of human rights.〔 ( Nuovi studi politici, gennaio-giugno 2005, n. 1/2, p. 107 ).〕 ==Use and viewpoints== Though fairly uncommon in democracies, 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.〔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, emergency is not declared and de facto measures taken or decree-law adopted by the government. Ms. Nicole Questiaux (France) and Mr. 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 International Covenant on Civil and Political Rights (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 only be to 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 Rights〔''European Convention on Human Rights'', Article 15〕 and American Convention on Human Rights〔''American Convention on Human Rights'', Article 27〕 have similar derogatory provisions. No derogation is permitted to the International Labour Conventions. Some political theorists, such as Carl Schmitt, have argued that the power to decide the initiation of the 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''. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「state of emergency」の詳細全文を読む スポンサード リンク
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