Collective Violence, Human Rights, and the Politics of Curfew

Abstract

Every sovereign state and its subdivisions has at its disposal an armory of measures to preserve, maintain, and restore law and order and to protect the lives and property of its citizens in times of unrest when there is a high likelihood of violence or when violence erupts against the government itself or between large segments of the population. Among such measures are the imposition of martial law, restrictions on the right of habeas corpus, declarations of emergency that provide the government with extraordinary powers, and the imposition of curfew. Perhaps the least studied of these measures is the latter. Like all other measures just mentioned, curfew restrictions deny to citizens the everyday freedoms and rights to which they are normally entitled for the period of time in which such restrictions are imposed. During curfew hours, if there is a “shoot-at-sight ” order in force as well, any person may be shot to death simply for appearing on the streets without official knowledge and permission. During less restrictive curfews, anyone appearing on the streets may be arrested and put in jail. Should crowds mass, police may attack, beat, and shoot persons at will. Violation of curfew restrictions is also punishable by prison