A state of emergency is a situation where a government is allowed to enact rules or laws it usually cannot use, to keep people safe. This can happen before, during, or after events like natural disasters, civil unrest, wars, medical pandemics, epidemics, or other health risks.

Relationship with international law

Under international law, which are rules that countries agree to follow, certain rights and freedoms can be paused during a state of emergency. This depends on how serious the emergency is and the government's policies.

Use and viewpoints

Democracies use states of emergency to handle situations such as severe weather or public order problems. Dictatorships often declare states of emergency that last for a very long time, sometimes for the entire duration of their rule. This allows them to use exceptions that may override human rights, which are usually protected by the International Covenant on Civil and Political Rights (ICCPR). In some cases, martial law is declared, giving the military more power to act. In other cases, an emergency is not officially declared, but the government may take actions without formal permission or use a decree-law. Nicole Questiaux (France) and Leandro Despouy (Argentina), two United Nations Special Rapporteurs, suggested that the international community follow certain "principles" during emergencies or similar situations. These principles include Legality, Proclamation, Notification, Time Limitation, Exceptional Threat, Proportionality, Non-Discrimination, Compatibility, Concordance, and Complementarity of international laws (see "Question of Human Rights and State of Emergency," E/CN.4/Sub.2/1997/19, Chapter II; also see état d'exception).

Article 4 of the ICCPR allows states to temporarily stop certain rights during a public emergency. However, any exceptions must only be as necessary for the situation and must be reported to the United Nations Secretary-General. The European Convention on Human Rights and the American Convention on Human Rights have similar rules. Exceptions are not allowed for the International Labour Conventions.

Some people, like Carl Schmitt, a political theorist and member of the Nazi Party, have argued that the ability to declare an emergency defines a government's authority. In his book State of Exception (2005), Giorgio Agamben criticized this idea, stating that emergency powers can remove civil and political rights from some people, leading to his concept of homo sacer.

A state of emergency can be used to change or replace a government's constitution. For example, during the August 1991 attempted coup in the Soviet Union (USSR), the coup leaders used a state of emergency. The failure of the coup led to the end of the Soviet Union.

Countries that have agreed to international agreements, such as the ICCPR, the American and European Conventions on Human Rights, and the International Labour Conventions, are monitored by independent experts, regional courts, and other countries to ensure they follow the rules.

Law in selected countries

The Constitution of Albania gives the Parliament of Albania the power to declare a state of emergency. This decision is made with the advice of the government. A state of emergency can last for up to 60 days. The Parliament may extend it for no more than 90 days.

The Constitution of Argentina, which has been changed several times, allows a state of emergency (called "estado de sitio," or "state of siege") to be declared if the constitution or the government is in danger from internal unrest or foreign attacks. This rule was often misused during times of dictatorship, allowing the government to suppress opposition for long periods. The American Convention on Human Rights, signed in 1969 and approved by Argentina in 1984, limits misuse of the state of emergency. It requires countries to inform others about the reasons, duration, and affected rights when declaring such a state.

In Australia, laws about states of emergency vary by state. When a natural disaster affects a region, the state is responsible for managing the situation until it declares a State of Emergency. This allows the state to use the Federal Emergency Fund to help with recovery. A State of Emergency does not cover the entire state but only certain areas, like districts or shires, where essential services may be disrupted.

On 18 March 2020, a nationwide human biosecurity emergency was declared in Australia due to the coronavirus (COVID-19) pandemic. This followed a meeting of the National Security Committee the day before. The Biosecurity Act 2015 allows the governor-general of Australia to declare such an emergency if the Health Minister believes a serious disease is threatening public health on a large scale. This gives the minister wide powers, including imposing restrictions on movement, controlling goods, and evacuating people. The governor-general, David Hurley, declared the emergency under Section 475 of the Act.

In New South Wales, the Premier can declare a state of emergency under the State Emergency and Rescue Management Act 1989. This is done when events like fires, floods, storms, or epidemics threaten people, animals, property, or essential services. The Premier declared a state of emergency on 11 November 2019 due to the 2019–2020 bushfires. This was the fifth time a state of emergency had been declared in the state since 2006. It lasted seven days, with additional declarations made on 19 December and 2 January 2020. The bushfires caused 26 deaths, destroyed 2,448 homes, and burned 5.5 million hectares of land.

In Victoria, the Premier can declare a state of emergency under the Public Safety Preservation Act 1958 if there is a threat to public safety or order. This allows the Premier to create rules to protect safety and order. A state of emergency lasts for 30 days but can be ended earlier by the Parliament. Rules made during the emergency expire if Parliament does not approve them within seven days.

The Premier (or a delegate) can control or stop essential services, such as transport, power, or water, under the Essential Services Act 1958.

If the Premier believes an emergency poses a serious and widespread danger to life or property, they can declare a state of disaster under the Emergency Management Act 1986. This applies to situations like natural disasters, terrorism, or epidemics.

The Public Health and Wellbeing Act 2008 gives the Chief Health Officer the power to take action to reduce public health risks. This includes detaining people, restricting movement, or preventing entry into emergency areas.

The current constitution of Brazil allows the president to declare two types of states: "state of defense" (estado de defesa) for less severe situations like institutional instability or natural disasters, and "state of siege" (estado de sítio) for more serious threats.

The 1959 constitution of Brunei allows the Sultan to declare a state of emergency at the national or local level. The Sultan can extend the emergency for up to two years or cancel it. Under emergency rule, the Sultan can issue royal decrees (called Orders) that have the force of law. These Orders can affect areas like censorship, movement, and finance. They are reviewed by the Legislative Council, which may turn them into laws. New Orders from the Sultan can override existing laws.

Brunei has been under a state of emergency since 1962, when Sultan Omar Ali Saifuddien III declared it in response to the Brunei revolt. The emergency has limited civil liberties and prevented the reinstatement of the Legislative Council.

In Canada, the federal government can use the Emergencies Act to declare a state of emergency. A national emergency lasts up to 90 days unless extended by the Governor-in-Council. There are four types of emergencies: Public Welfare, Public Order, International, and War. The Emergencies Act replaced the War Measures Act in 1988. The War Measures Act was used three times, most notably during the 1970 October Crisis.

Provincial, territorial, and municipal governments in Canada can also declare emergencies under the Emergencies Act.

Examples

• On 1 April 2026, the local government of Bongao in Tawi-Tawi, Philippines, declared a local emergency because of a serious lack of fuel. This shortage caused problems with transportation, fishing, delivering basic supplies, and government services. The emergency allowed the use of local disaster funds and emergency actions.

• On 24 March 2026, the President of the Philippines, Bongbong Marcos, declared a national energy emergency due to an energy crisis in the country. This crisis happened because of the closure of the Strait of Hormuz during the 2026 Iran war.

• On 3 January 2026, the President of Venezuela, Nicolás Maduro, declared a state of emergency after U.S. strikes were reported. Maduro was later captured.

• On 16 February 2025, the Governor of West Virginia in the United States, Patrick Morrisey, declared a state of emergency because of severe flooding in southern West Virginia.

• On 30 December 2024, the President of Trinidad and Tobago, Christine Kangaloo, declared a state of emergency based on advice from Prime Minister Keith Rowley. This was due to rising violence fueled by weapons from the United States in the Caribbean region.

• On 26 July 2024, then-Governor of West Virginia, Jim Justice, declared a state of emergency because of a severe drought. The emergency was originally set to last 30 days but was extended for another 30 days on 23 August 2024.

• On 26 March 2024, the Governor of Maryland in the United States, Wes Moore, declared a state of emergency after the Francis Scott Key Bridge collapsed.

• On 14 January 2024, the Governor of Kentucky in the United States, Andy Beshear, declared a state of emergency due to severe winter storms.

• On 11 January 2024, Papua New Guinea’s Prime Minister James Marape declared a state of emergency because of the 2024 Papua New Guinean unrest.

• On 9 January 2024, Ecuador’s President Daniel Noboa declared a state of emergency after José Adolfo Macías Villamar, leader of the Los Choneros drug cartel, escaped from prison.

• On 10 November 2023, Icelandic authorities declared a state of emergency after a series of strong earthquakes in the Reykjanes peninsula. This increased the chance of a volcanic eruption near the Fagradalsfjall volcano. The village of Grindavík was ordered to evacuate.

• On 4 August 2023, Ethiopia’s Council of Ministers declared a state of emergency in the Amhara region after clashes between regional armed forces and the military.

• On 7 February 2023, Turkey’s President Recep Tayyip Erdoğan declared a three-month state of emergency in 10 cities due to the 2023 Turkey–Syria earthquake.

• On 8 September 2023, U.S. President Joe Biden extended the state of emergency originally declared by George W. Bush after the September 11 attacks.

• On 5 January 2022, Kazakhstan’s President Kassym-Jomart Tokayev declared a state of emergency due to the 2022 Kazakh protests.

• On 6 February 2022, Ottawa’s Mayor Jim Watson declared a state of emergency because of the Freedom Convoy protests.

• On 11 February 2022, Ontario Premier Doug Ford declared a state of emergency due to the Freedom Convoy protests.

• On 23 February 2022, Ukraine announced a nationwide state of emergency, excluding occupied territories in Donbas, in response to the Russian invasion. On the same day, Russia began evacuating its embassy in Kyiv and lowered its flag.

• On 24 February 2022, Moldova declared a nationwide state of emergency after thousands of Ukrainians fled into Moldovan territory due to the invasion.

• On 24 February 2022, Lithuania declared a state of emergency because of possible disturbances near its border with Russia and Belarus.

• On 26 March 2022, El Salvador declared a state of emergency after 62 people were killed, the most in one day since the end of its civil war in 1992.

• On 4 April 2022, Sri Lanka’s President Gotabaya Rajapaksa declared a state of emergency due to the 2022 Sri Lankan protests.

• On 14 April 2022, Georgia’s Governor Brian Kemp declared a state of emergency because of supply chain problems and the COVID-19 pandemic.

• On 16 May 2022, Poland’s Minister of Health, Adam Niedzielski, declared a state of epidemic threat for COVID-19.

• On 24 May 2022, Hungary declared a state of emergency due to the economic effects of the Russian invasion of Ukraine.

• On 18 June 2022, Ecuador declared a state of emergency because of the 2022 Ecuadorian protests.

• On 2 July 2022, Uzbekistan declared a state of emergency due to the 2022 Karakalpak protests.

• On 4 July 2022, Italy declared a state of emergency in five northern regions due to a severe drought, one of the worst in a decade.

• On 11 July 2022, Portugal declared a state of emergency because of forest fires.

• On 15 July 2022, the UK declared a national emergency after extreme heat warnings indicated a danger to life.

• On 28 July 2022, Kentucky Governor Andy Beshear declared a state of emergency due to historic flooding in Eastern Kentucky.

• On 25 August 2022, Pakistan declared a state of emergency because of severe flooding.

• On 1 February 2021, following a military coup in Myanmar, Min Aung Hlaing, the Commander-in-Chief of Armed Forces and new State Leader, declared a one-year state of emergency.

• On 15