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Which branch of government can declare Related Issues
a state of emergency? • civil emergency planning
Most states have legal mechanisms governing • parliamentary oversight of the security
the declaration of a state of emergency and the sector
implementation of derogations. As concerns the • human rights and the security sector
prerogative to declare a state of emergency,
the three most common approaches are the • cooperation, coordination and communica-
following: tion within the security sector
• The executive declares the state of emer-
gency and is obliged to inform parliament Further Information
within a specified period of time (e.g. US) ‘The Emergency Constitution’
• The executive declares the state of emer- w w w. y a l e l a w j o u r n a l . o r g / p d f / 1 1 3 - 5 /
gency but must have this ratified by parlia- Ackerman%20FINAL.pdf
ment before it can proceed with emergency Parliamentary Oversight of the Security Sector:
measures (e.g. Germany) Principles, Mechanisms and Practices
• Parliament itself declares the state of emer- http://www.dcaf.ch/oversight/
gency (e.g. Hungary) Convention against Torture and Other Cruel,
Typically, a state of emergency empowers the Inhuman or Degrading Treatment or Punishment
executive to name coordinating officials to deal www. unhchr.ch/html/menu3/b/h_cat39.htm
with the emergency and to override normal European Convention on Human Rights
administrative processes regarding the passage www.hri.org/docs/ECHR50.html
of administrative rules.
International Covenant on Civil and Political
Rights (ICCPR), particularly Article 4
This DCAF Backgrounder was prepared by the Centre’s Security Sector Reform Working Group, in conjunction with
Hans Born, Ingrid Beutler, and Thorsten Wetzling. The document was edited by David Law and Jason Powers.
Other Backgrounders are available at www.dcaf.ch/publications/backgrounders
The Geneva Centre for the Democratic Control of Armed Forces (DCAF) works with governments and civil society
to foster and strengthen the democratic and civilian control of security sector organisations such as police, intelli-
gence agencies, border security services, paramilitary forces, and armed forces.
The Centre conducts research to identify the central challenges in democratic governance of the security sector,
and to collect those practices best suited to meet these challenges. DCAF provides advisory programmes and prac-
tical work assistance to all interested parties, most commonly to governments, parliaments, military authorities,
and international organisations.
Visit us at www.dcaf.ch