Review of Human Rights in Crisis: The International System for Protecting Rights During States Of Emergency

Ottawa Law Review, Vol. 26, p. 253, 1994

4 Pages Posted: 11 Oct 2007

See all articles by Faisal Kutty

Faisal Kutty

Valparaiso University Law School

Abstract

Contemporary observers of the human rights movement are fully cognizant of the fact that despite all the advances in international rights protection, we are not even remotely close to achieving a tolerable standard of conduct by states during internal strife. The book, published as part of the Procedural Aspects of International Law Series, begins by defining and categorizing the various kinds of emergencies. The book, which evolved from a decade of research and a thesis at Oxford University on the problem of protecting human rights during states of emergency, then explores the detrimental effects of emergencies on human rights. Typical occurrences during such internal strife are inter alia disappearances, summary executions, blatant violations of due process, torture, extracted confessions, etc. The author examines and thoroughly analyses these effects under three subheadings: changes in the allocation of powers within the government; what she terms invasion of absolute rights; and restrictions of other fundamental rights. Breaking down the analysis enhances a reader's understanding of the effects. Without diminishing the excellence of the book, it could also have benefited from the inclusion of a more detailed discussion of the role domestic courts can play in protecting rights. A notable feature of the book is its extensive and meticulous referencing of sources.

Keywords: states of emergencies, human rights, international law, rule of law, International Covenant on Civil and Political Rights, Queensland Guidelines, European Convention on Human Rights and Fundamental Freedoms, American Convention on Human Rights

JEL Classification: K10, K19, K30, K33, K39, K40, K42

Suggested Citation

Kutty, Faisal, Review of Human Rights in Crisis: The International System for Protecting Rights During States Of Emergency. Ottawa Law Review, Vol. 26, p. 253, 1994. Available at SSRN: https://ssrn.com/abstract=1020707

Faisal Kutty (Contact Author)

Valparaiso University Law School ( email )

656 S. Greenwich St.
Valparaiso, IN 46383-6493
United States
219-465-7813 (Phone)
416-289-0339 (Fax)

HOME PAGE: http://www.valpo.edu/law/faculty/fkutty/index.php

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