When Does an Emergency Threaten the Life of the Nation? Derogations from Human Rights Obligations and the War on International Terrorism

Abstract

The threat from international terrorism undoubtedly requires sophisticated responses from states. Too often, it is believed that in order to respond to this threat it is necessary to bypass on a range of human rights obligations. Derogation provisions in international human rights law allow for a state to lawfully suspend human rights guarantees in order to respond to some extraordinary situation that threatens the life of the nation. In the context of international terrorism the understanding of threats to the life of the nation creates a number of challenges for international monitoring bodies in attempting to ensure effective compliance with international human rights treaties. This paper discusses the challenges poised by responses to the threat from international terrorism to the derogation regimes of the European Convention on Human Rights and the International Covenant on Civil and Political Rights.