ABSTRACT
This chapter explains legally permissible parameters under applicable treaties and rules of customary international law for a country to restrict, suspend or abrogate fundamental rights and freedoms. The declaration of state of emergency underpinning the restriction, suspension or even complete annulment of rights and freedoms must be scrutinized by domestic courts and, where applicable, competent international bodies such as regional human rights courts and human rights treaty bodies. The role and legitimacy of military tribunals usually utilized by the usurper to sustain its rule are critically examined. The chapter also explains the proscription of crimes of international concern that has attained the status of peremptory norm (jus cogens) under customary international law of universal application. It criticizes as unjustifiable the hands-off stance adopted in some jurisdictions which considers that judicial scrutiny of the usurper’s acts raises ‘political questions’ not justiciable in a court of law.
