Examination of the 5th Report and Country Situation of the United States of America

On 16 October 2023, Justice Pour Tous Internationale presented a report to the UN Human Rights Committee, highlighting the failure of the United States to comply with Article 4 of the ICCPR through its frequent and prolonged national emergency declarations. Since 1976, the US has declared 70 national emergencies, over 30 of which remain active, creating a de facto permanent state of emergency that fails to meet the ICCPR’s strict criteria. The report criticised the broad application of “unusual and extraordinary threats” for emergencies, inconsistent with the ICCPR’s requirement of an imminent existential threat. Justice Pour Tous Internationale recommended stricter criteria for emergencies, enhanced judicial oversight, and regular reporting to the UN on these declarations.