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Borders and their protection in the context of the International Human Rights Law and state sovereignty
Fárková, Iva ; Honusková, Věra (advisor) ; Flídrová, Eliška (referee)
Borders and their protection in the context of the International Human Rights Law and state sovereignty Abstract This diploma thesis deals with the state borders, especially their determination and protection in connection with the state sovereignty and contrast with human rights. It tries to answer the question of where the sovereignty and human rights meet within the protection of state borders. State borders define the state territory which is one of the features of the state, as perceived by Public International Law. The most precise definition of the state territory is essential from the point of view of the state itself, as it thus has an idea of the scope of its competence. The state exercises its territorial authority over its territory, just as it exercises its power over the inhabitants of that territory. At the same time, the state is obliged to ensure security on its territory and its inhabitants, which is related to the protection of the state borders and the need for their control by the state. The determination of the state borders and therefore their control is clearly related to state sovereignty. However, excessive protection and control of the borders can easily be in conflict with human rights, in particular the freedom of movement and residence. Then it is important to think and...
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The non-refoulement principle and the sovereignty of state
Dudek, Vavřinec ; Flídrová, Eliška (advisor) ; Honusková, Věra (referee)
The non-refoulement principle and the sovereignty of state Abstract This master thesis deals with the relationship between the principle of non-refoulement and the sovereignty of state as fundamental principles of refugee and international law respectively. The thesis is primarily devoted to the interpretation and application of these principles in a European context. The text of the thesis is divided into three chapters. The first chapter describes the concept of non-refoulement. First, it is given here in what legal sources the principle of non-refoulement can be found. Then it is set out what the purpose of this principle is, when and under what conditions it applies, who is bound by it and which people it protects. Attention is also paid to different forms the principle of non-refoulement takes in various subsystems of international law and its nature in terms of international law sources. The second chapter focuses on the sovereignty of state. A brief historical development of this concept is presented in the introduction of the chapter. Subsequently, the current perception of sovereignty is laid out. The chapter focuses in more detail first on the basic definition of sovereignty, then on the differences between the views held by doctrine, states themselves and international courts. In the third, final...
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Crime of Aggression under the Rome Statute of International Criminal Court
Voženílková, Tereza ; Lipovský, Milan (advisor) ; Flídrová, Eliška (referee)
1 Crime of Aggression under the Rome Statute of International Criminal Court, abstract Recent events in the world show that cyber-attacks can constitute one of the greatest threats to international peace and security. Cyber operations occurring in cyberspace present unique challenges to the international community beyond the scope of existing international law. While there is a consensus that international law should apply to cyberspace, perspectives on the qualification of cyber-attacks as the most serious crimes falling under the jurisdiction of the International Criminal Court remain divided. This paper discusses the definition of the crime of aggression under the jurisdiction of the International Criminal Court with a special focus on cyber-attacks. The aim of this paper is to answer the question whether cyber-attacks can be considered a crime of aggression under the Rome Statute. The first chapter discusses the historical development and the rather complicated process of adopting the definition of the crime of aggression over the years. The second chapter describes the various elements of the crime of aggression and the jurisdiction of the International Criminal Court and the Security Council over this crime. The definition of cyber- attacks and their difference from conventional attacks is discussed...
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The application of the non-refoulement principle at sea
Flídrová, Eliška ; Honusková, Věra (advisor) ; Scheu, Harald Christian (referee)
in English - The application of the non-refoulement principle at sea The aim of my thesis is to analyse how one of very important principles of the international law- the non-refoulement principle is applied at sea and what questions should the states bound by this principle ask in order to apply it properly. The thesis itself is composed of three main chapters. Chapter One deals with the non-refoulement in general and defines its content and how this principle is enshrined in international and regional documents. I also examine what are the aspects of the prohibition of refoulement in customary law and whether can it be at present considered as Customary International Law or not. In Chapter Two the excursion into Maritime Law occurs and also indispensable definition of individual maritime zones of Internal Waters, Territorial Waters, Contiguous Zone and High Seas is provided. In this chapter I also focus on the possible application of the non- refoulement outside the state's territory, i.e. its extraterritorial impact. Last but not least in regard to the operations held at sea it is necessary to define their character and different rights and duties arising from them. Subchapters deal with the "search and rescue" and also with the maritime interdiction programs issues whereas the Tampa case and...
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International Legal Protection of Refugees Persecuted for Reasons of Sexual Orientation and Gender Identity
Bedaňová, Jana ; Honusková, Věra (advisor) ; Flídrová, Eliška (referee)
International Legal Protection of Refugees Persecuted for Reasons of Sexual Orientation and Gender Identity: A Critique of the Human Rights Approach Abstract This thesis examines the human rights approach to the interpretation of the definition of refugee by using the example of persons persecuted on the grounds of sexual orientation and/or gender identity (SOGI). The thesis focuses primarily on the European area and how a human rights approach to the interpretation of 'persecution' may be relevant to the practice of European Union states specifically in relation to SOGI refugees. The first part outlines the context of persecution of persons fors reasons of their SOGI. It examines the criteria by which SOGI is, and potentially can be, subsumed under the relevant grounds of persecution for refugee status. The second part outlines the different approaches to interpreting the concept of persecution and elaborates more on the so-called 'circumstantial' approach embodied by UNHCR. The third part is devoted to elucidating the doctrine of the human rights approach pioneered by James Hathaway and his book The Law of Refugee Status. The fourth part examines the approach of human rights monioring mechanisms to failed asylum seekers fearing persecution on the grounds of SOGI. It analyses the decisions of the Committee...
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Application of Non-refoulement Principle in relation to National Security
Stejskal, Zdeněk ; Flídrová, Eliška (advisor) ; Honusková, Věra (referee)
English Abstract Application of Non-refoulement Principle in relation to National Security Both national security and the principle of non-refoulement play a crucial role in the modern and rapidly changing world of today's refugees and migrants. On one hand, it is the international legal obligation of states not to return, or refouler, those who might be in danger of torture or various other types of undesirable treatment in their home countries. On the other, it is the legitimate concern of the each and every state for the safekeeping of its vital interests, all together understood as the state's national security. The analysis and clarification of the complicated and often tense relationship between the two phenomena is the aim of the presented thesis. Both descriptive and analytical methods are used in this thesis. The practice of states in individual cases is analysed thoroughly via the relevant decisions of judicial and quasi-judicial authorities. The scope of this paper is limited solely to Euro-American perspective. Detailed chapters dedicated to defining both of the examined phenomena play a crucial role in this paper. Since the definition of non-refoulement differs throughout various areas of international law, it would be hard to apply it correctly without full understanding of this principle....
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Temporary protection of aliens in international and european law
Zaimović, Enes ; Honusková, Věra (advisor) ; Flídrová, Eliška (referee)
The aim of the presented diploma thesis called "Temporary protection of aliens in international and european law" is to introduce the concept of temporary refuge and temporary protection and tackle the various legal questions related to these concepts, both on the level and from the perspective of international law and the law of the European union. The first part of the thesis presents some (mainly doctrinal and UNHCR) defintions of temporary protection and temporary refuge as well as the definition of the concept of temporary protection enshrined in the EU's Temporary Protection Directive as the latter one represents the only case of regional and binding harmonisation of the temporary protection. The following part of the thesis deals with the minimum content requirements of temporary protection in international law, i. e. such requirements that should in every case be an inherent part of every legal instrument resembling temporary protection. This part focuses mainly on the issue of personal and temporal scope of temporary protection, the concept of mass influx is analysed in this part of the thesis as well as temporary protection as a legal instrument is usually intended to serve as a response to the situation of mass influx. Presented thesis also deals with the questions related to the extent...
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Women in the Context of International Refugee Law
Reznáková, Petra ; Flídrová, Eliška (advisor) ; Honusková, Věra (referee)
Women in the Context of International Refugee Law Abstract The refugee definition enshrined in Article 1(A)(2) of the Convention Relating to the Status of Refugees does not mention gender or sex as a potentially relevant factor when establishing the refugee status. However, with the human rights evolution at the end of the 20th century, it became imperative that the definition is interpreted in a way which will provide protection to women facing either gender-specific persecution (persecution in specific forms only applicable to women for the reason of their sex), or gender-related persecution (persecution for the reason of being a woman). The thesis explores the interpretation of the notion of gender-specific persecution and discusses several examples of this form of persecution: forced marriage, female genital mutilation and sexual violence. Then it considers the Convention grounds for persecution (i.e. particular social group, political opinion, religion, race and nationality) and a variety of possible arguments for a gender- sensitive interpretation of these grounds for the purpose of encompassing cases of women facing persecution because of their opposition, whether explicit or tacit, to patriarchal traditional societies based on inequality between sexes manifesting for example in resistance to female...
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Expulsion of aliens under international law
Flídrová, Eliška ; Balaš, Vladimír (referee)
The aim of this thesis is to clarify what are the limits of the right of the state to expel aliens under international law while examining whether or not there is any general rule by which states are bound in exercising their power to expel aliens from their territory. This thesis is using a descriptive and analytical method as methods of work. The comparative method is also partially used for analysis of the practice of states in the individual aspects of the limitation of the right of expulsion and the related decision-making practice of the judicial and quasi-judicial authorities. The conclusion of this thesis is an analysis of the fragmented legal regulation of expulsion of aliens in different areas of international law (both procedural rules and selected areas of substantive regulation). The work is mainly focused on examining limits of states to expel an alien to a particular state through non-refoulement principle and restrictions to expel aliens through the protection of family and private life. Concerning the general conclusions, the examination of limits on the right to expel in international law has crystallized in one general rule that can be considered as an implicit part of all the limits analyzed, which is the effort to avoid the arbitrariness of states.
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General approach of international law to torture
Albert, Lukáš ; Lipovský, Milan (advisor) ; Flídrová, Eliška (referee)
General approach of international law to torture Abstract The prohibition of torture exists at national and international level. The author focuses only on the general approach of international law to torture. He analyzes the individual elements of the definitions of torture contained in international documents. At the same time, he does not forget to mention the cruel, inhuman or degrading treatment or punishment that is inextricably linked to torture. He also highlights the importance of the threat of torture, which may under certain conditions separately constitute torture. He provides an overview of the current international regulation of the prohibition of torture enshrined not only in international human rights treaties, but also in the field of international humanitarian law and international criminal law. He also emphasizes the reflection of international regulation in the practice of individual protection mechanisms ensuring effective control over compliance with the prohibition of torture, specifically universal, European, Inter-American, African and other functioning mechanisms. Also, he places torture in the context of crimes under international law. He refers to the practice of the International Criminal Court and ad hoc criminal tribunals, which have even granted status of jus cogens to the...
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