Siege Status (Meaning and Explanation)

We explain what a state of siege is, in which cases it is declared and how. Also, what are the state of alarm and the state of emergency.

What is the state of siege?

In constitutional law, the state of siege It is one of the types of emergency regimes that a government can declare when it is forced to face particularly serious situations and extraordinary, and needs to relax certain common laws and regulations. These types of legal mechanisms are usually contemplated in the constitution of the countries, which details the specific conditions that justify them and the ways in which they should be proclaimed.

The state of siege, specifically, consists of a state very close to war, in which there is a serious threat to the survival of the nation or the lives of its citizens. This justifies the temporary suspension of certain legal guarantees and the temporary delivery of greater power and prominence to the armed forces so that they have the necessary resources to save the nation.

Normally, the state of siege It is declared by the executive branch of a country and later endorsed by the legislative branch (Parliament), as the entire State is organized to confront an extraordinary threat, such as the invasion of an enemy army, a nationwide armed insurrection, or some other catastrophic event that requires the discretionary use of force.

When and how is a state of siege declared?

The declaration of a state of siege is a decision of the public powers, specifically the executive branch and the legislative branch, in the face of a serious threat to the survival of the nation. The exact terms in which this declaration is produced, however, may vary depending on the legal system of each country, for example:

State of siege in Chile. In the current Chilean Constitution (1980), the state of siege is regulated (along with the other emergency regimes) in articles 39 to 45, as well as in the Constitutional Organic Law of States of Exception. There it is detailed that the declaration of a state of siege corresponds only to reasons of force majeure such as war, civil war or states of internal commotion, and that it must be decreed by the president and approved by Congress within the following five days. There is also the option of not waiting for approval from Congress, but in that case only the right to assembly may be restricted. In all cases, the state of siege will last only 15 days, which may then be renewed.
State of siege in Spain. In the current Spanish Constitution (1978), the state of siege is detailed in the fourth paragraph of article 116, where it is noted that “…it will be declared by the absolute majority of the Congress of Deputies, at the exclusive proposal of the government. “Congress will determine its territorial scope, duration and conditions.” The conditions for its activation, however, are developed in Organic Law 4/1981, where the reasons are cited as “…an insurrection or act of force against the sovereignty or independence of Spain, its territorial integrity or the constitutional order, which does not can be resolved by other means.”
State of siege in Argentina. In the current Argentine Constitution (1853), the state of siege is addressed in different articles. Article 23 explains that in the event of an internal commotion or external attack that “… endangers the exercise of this Constitution and the authorities created by it, a state of siege will be declared in the province or territory where there is disturbance of the order, constitutional guarantees being suspended there.” The declaration of a state of siege corresponds to the president, according to article 99, but the exact mechanisms for its approval vary depending on the cause: if it is an internal cause, it corresponds to the Chamber of Deputies (art. 75), while if This is an external cause and falls to the Senate (art. 61).
State of siege in Mexico. In the current Mexican Constitution (1917), the state of siege is not contemplated by that name, but its mechanisms are explained in article 29. There it is indicated that it must be proclaimed by the president of the Republic and endorsed by the Congress of the Republic. Union, whenever there are “…cases of invasion, serious disturbance of public peace, or any other that puts society in serious danger or conflict.” In that same section it is explained that constitutional rights may be suspended only temporarily, when their existence constitutes an obstacle to quickly and effectively confronting the threat, and with the notable exceptions of the rights of the child, human rights and other fundamental rights. such as the right to life, to legal recognition, to freedom of worship, to freedom of conscience, as well as the prohibition of slavery and servitude, the forced disappearance of people and torture.
State of siege in Peru. In the current Peruvian Constitution (1993), the state of siege must be dictated by the President of the Republic, who must agree on it with the Council of Ministers and report it to the National Congress, according to article 137. Said state of siege does not It may last more than 45 continuous days and is justified “in the event of invasion, foreign war, civil war, or imminent danger of their occurrence, with mention of the fundamental rights whose exercise is not restricted or suspended.” The extension of the state of siege requires the approval of Congress, which must meet as a matter of law, but there is no limit on the time it can be extended.
State of siege in Colombia. In the current Colombian Constitution (1991), the state of siege is not explicitly contemplated, but instead three possible states of exception are contemplated, which distinguish between the possible causes of the temporary suspension of constitutional guarantees: the state of foreign war, the state of internal commotion and the state of emergency. During these states, Congress retains the fullness of its functions, to guarantee the proportionality of the measures and the maintenance of democracy, so human rights or fundamental freedoms may not be suspended, nor will the normal functioning of public power be interrupted and the duration of these states of exception must always be defined in advance. States of exception may be declared by the president and his ministers, who will have complete discretion in their mandates, but will also be directly responsible for the actions committed during said period.
State of siege in Brazil. In the current Brazilian Constitution (1988), the state of siege is detailed in article 137, where it is explicit that it is the power of the President of the Republic to request the National Congress (after hearing with the Council of the Republic and the National Defense Council , organizations empowered to give an opinion on the matter) the promulgation of a state of siege, when there is “a serious disturbance with national effects or events that show the ineffectiveness of a measure taken during the state of defense” or “a declaration of a state of war or response to foreign armed aggression.” So the final decision in this matter corresponds to the absolute majority of the National Congress, which must decide and communicate the duration of the state of siege and the guarantees that are suspended during that period, which cannot exceed 30 days, but may be renewed for equal or shorter periods. The Constitution also details the actions that can be legally taken against citizens during the state of siege, excluding violations of fundamental human rights.

State of Siege Examples

The state of siege has been decreed in the following countries and historical moments:

In Argentina in 1985, the government of Raúl Alfonsín decreed a state of siege for 60 continuous days in the midst of a context of economic, political and social crisis exacerbated by the threat of bombs in different schools in the capital (29 had to be evacuated in the same day) and violent attacks against the headquarters of the Army Command in Chief.
Between 1970 and 1991, Colombia experienced internal civil and military conflicts, which justified the decree of a state of siege for almost 17 non-continuous years. The indefinite extension of this emergency regime was one of the causes of its suppression in the new Colombian constitution.
In 2021, the then president of Chile Sebastián Piñera imposed a state of siege in 72 southern communes of the country, in response to the violence and attacks by various Mapuche extremist groups that were demanding the return of their ancestral lands.

State of alarm

siege status alarm — Situations such as epidemics warrant decision-making that is out of the ordinary.

Another of the emergency regimes contemplated in numerous national constitutions is the state of alarm, which is declared as an exceptional response on the part of the government of a country, to face unusual situations that prevent the normal and daily functioning of public powers and official institutions.

These situations They can be epidemics, serious natural phenomena or situations of social disorder that merit making unusual political, economic and social decisions, such as delegating functions from one organization to another, mobilizing the armed forces or making other strategic decisions at a local or national level.

State of emergency

The state of emergency is another regime of exception present in numerous national constitutions that implies a step beyond the state of alarm that is, it is used in situations of greater severity, in which the government requires extraordinary, special and temporary powers or faculties.

In this way, you can undertake actions that would normally be the subject of regular, slow procedures and with greater bureaucratic supervision, but that a sense of urgency warrants taking quickly and efficiently. These types of states are usually decreed in the event of major natural disasters, situations of internal commotion, coups d'état, among others.

State of war

state of siege war — The state of war deals with a civil war, rebellion or invasion by foreign forces.

The state of war or martial law It is the most serious of the exception regimes that most national Constitutions contemplate. It is the total mobilization of the State to face a situation of civil war, open rebellion or invasion by foreign forces, which implies the total control of the State by the armed forces and the replacement of civil order by military order.

Thus, many laws are suspended and many guarantees annulled, depending on the seriousness of the situation, and military courts are responsible for quickly and effectively administering justice, which often implies the use of the death penalty and other extreme solutions.

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