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An Analysis of the Legal Protection of the Disappearing Island States Population
Dvořáková, Danijela ; Honusková, Věra (advisor) ; Bílková, Veronika (referee)
An Analysis of the Legal Protection of the Disappearing Island States Population Rising ocean levels, which occur as a result of global warming, currently pose a threat to low-lying island states. The so-called "disappearing island states". This thesis deals with the legal protection of the disappearing island states population. The main objective is to provide a basic overview of protective instruments for this scenario, and assess their potential application. This text is divided into three parts. The first chapter deals with the concept of disappearing island nations, the reasons behind their disappearance and some of the consequences. Of particular importance is the subchapter, discussing the dissolution of the state in general. Even though in theory a state's dissolution due to climate change effects is viable, in practice this event has never occurred before. Therefore, international law does not offer a clear answer to the legal personality of the state that has been affected by climate change-induced sea level rise. This question needs to be answered in order to define the status of the population, and to define the tools that can be used to ensure its protection. The second chapter discusses the options a state has for the protection of its population through legal and non-legal means. The...
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Approach of African states towards International Criminal Court
Egnerová, Klára ; Bílková, Veronika (advisor) ; Honusková, Věra (referee)
Approach of African states towards International Criminal Court This diploma thesis aims to depict in the most exhaustive manner the approach of the African states towards the institution of the International Criminal Court (hereinafter as "the Court"). To offer a better understanding of this complicated bond, in the first chapter, I intend to describe the basic characteristics of the Court - the process of its creation along with all the necessary historical background of such efforts, its purpose or mission, financing, the composition and administration of the Court as well as detailed analysis of the proceedings before the Court and its decision making. The second chapter deals with brief introduction to other international criminal tribunals with jurisdiction in Africa and remarks on African Union, the most recognized international integration on the African continent. Third chapter starts to explain the nature and development of the approach of the African states towards the Court which is marked mainly by the initial support to the idea of its creation and followed by a slow aggravation of the stance and loss of most of the support and co-operation primarily due to alleged narrow focus of the prosecution almost exclusively towards African nationals. There were certain attempts to reestablish...
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The Still evolving Principle of Universal Jurisdiction
Baumruk, Petra ; Šturma, Pavel (advisor) ; Bílková, Veronika (referee) ; Válek, Petr (referee)
The present study describes the nature, scope and application of universal jurisdiction as an important tool against impunity in international criminal law, in a straight forward manner, where inquiry into the recent developments of universal jurisdiction is undertaken. Forthwith, the formation of the principle of universal jurisdiction - especially its practical application - must be guided by international consensus, not through advocacy action of states with short term and narrow objectives. The thesis seeks to identify and observe how far the law of universal jurisdiction has actually evolved and how far we should expect it to evolve in the near future, considering its restrains and challenges. It is argued that the concept of state sovereignty, which constitutes the greatest impediment on the exercise of universal jurisdiction, has seen various changes to its fundamentals elements in the 21st Century. The aim is to look at the universality principle, not as an isolated part, but as part of a broader framework in modern international law and thus special attention is given to the relationship between universal jurisdiction and the principle of aut dedere aut judicare. These principles are interrelated, yet distinct, parallels in deterring commission of the most heinous offences of international...
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Denial of the Holocaust and other crimes from the perspective of the international protection of human rights (freedom of expression)
Prokešová, Lucie ; Bílková, Veronika (advisor) ; Tymofeyeva, Alla (referee)
Denial of the Holocaust and other crimes from the perspective of the international protection of human rights (freedom of expression) This thesis discusses the conflict between the freedom of expression and other rights and values guaranteed by the European Convention on Human Rights, which are affected by denial of the Holocaust and other crimes. Freedom of expression is a relative fundamental right that can be limited in order to protect other protected rights and values. In cases of denial of the Holocaust and other crimes, freedom of expression can be limited in the interests of the protection of the dignity of victims and prevention of disorder or crime. The aim of this thesis is to provide a comprehensive view on the issue of denial of the Holocaust and other crimes in the light of freedom of expression in the European Court of Human Rights case law. The first part provides definition of the relationship between Holocaust denial and freedom of expression from the perspective of international law, the characteristics of freedom of expression and its limits, and the role and proceeding of the European Court of Human Rights in the case of conflict between freedom of expression and other rights and values. The second part is dedicated to the European Court of Human Rights case law concerning the...
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Help Without Borders? Humanitarian Assistance under International Humanitarian Law
Ošťádalová, Šárka ; Bílková, Veronika (advisor) ; Faix, Martin (referee)
(English) The thesis focuses on the issue of humanitarian assistance under international humanitarian law. The topic was chosen based on the personal interest of the author of the thesis and also based on the fact that it is a current and very discussed issue. The thesis is concerned with the legal sources governing the concept of humanitarian assistance. It also focuses on the history of the concept paying special attention to its modern development and to the principles on which it is based. Individual chapter is dedicated to the issue of providers and beneficiaries of humanitarian assistance. Special attention is also given to the issue of consent with the facilitation of humanitarian assistance, whether it is necessary to sough such a consent and from whom. Significant part of the thesis focuses on the facilitation and distribution of humanitarian assistance and the obligations of the third states. The first chapter of the thesis is dedicated to the introduction, definition of the term "humanitarian assistance", aims and goals of the thesis, and also to the methods and sources. The second chapter focuses in a great detail on legal sources relevant to the thesis. First, it pays attention to the treaty law. Thus, it describes the relevant provisions of the Geneva Convention IV, the Additional...
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Protection of cultural assets in case of occupation
Blšťáková, Tereza ; Bílková, Veronika (advisor) ; Ondřej, Jan (referee)
The Protection of Cultural Property during Occupation Cultural property represents an integral part of every nation, it completes the identity of the individual as well as that of humanity as a whole. Because of its specific character, it represents a unique and valuable source for the understanding of history, and creates a sense of belonging to a community, either in its national or in its worldwide sense. Cultural property has a special, irreplaceable meaning for society; its character, existence and continuity and must therefore be protected. The risks that cultural property faces are of two different kinds: either independent of human will or, on the other hand, connected with human activity. Dangers for cultural property are naturally present even during the time of peace. On the other hand, cultural property represents especially vulnerable objects during the time of armed conflict or occupation. Even though during the time of armed conflict the protection of human lives, especially of persons not involved in actual fighting, plays the paramount role, it is nevertheless important to provide protection to cultural property as well. The aim of my thesis is to provide an overview and framework of existing mechanisms for the protection of cultural property in the event of armed conflict,...
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Duress as Ground for Excluding Criminal Responsibility in International Criminal Law
Hladíková, Eva ; Bílková, Veronika (referee) ; Honusková, Věra (referee)
This thesis aims on the issue of duress as ground for excluding criminal responsibility in international criminal law. Duress arises from a situation when a perpetrator is forced under a threat of immediate death or bodily harm to commit a crime under international law. This thesis shortly explores duress in national legal systems, especially the differences between the duress in common law and in civil law jurisdiction. It further considers the use of duress as an argument of defence in history of international criminal law and focuses on two key judicial decisions in this area - the Einsatzgruppen case decided by the American military tribunal after the Second World War and Erdemović case decided by the International Criminal Tribunal for Former Yugoslavia. This thesis discusses with complexity the individual characteristics and conditions of duress. These characteristics and conditions are as follows: i) conduct alleged to constitute a crime under international law, ii) threat of imminent death or of serious bodily harm, iii) necessary acts to avoid threat (subsidiarity) iv) reasonable acts to avoid threat (proportionality), v) the situation leading to duress must not have been voluntarily brought about by the person coerced and vi) person coerced did not have a duty to bear this threat. Duress...
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Procedure before the International Criminal Court
Linhartová, Radka ; Ondřej, Jan (advisor) ; Bílková, Veronika (referee) ; Beránek, Milan (referee)
The paper analyses the trial before the International Criminal Court (ICC) in the light of theoretical models elaborated in the State traditions - the continental (inquisitorial) system and the Anglo-American (adversarial) system. Hypothesis from the beginning of this paper according to which the trial is predominantly based on features of the continental (inquisitorial) criminal procedure has been confirmed. Regulations comprise the trial procedure before the ICC contain mostly provisions typical for continental (inquisitorial) criminal procedure. The paper contain the case study of the first trial before the ICC (Thomas Lubanga case) with a view to procedural problems at this stage of the proceeding. The way of interpretation typical mainly for continental (inquisitorial) criminal procedure have been used as a solution of these problems.
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Collective Actions of the UN Security Council for Protection of Human Rights
Chrtová, Michaela ; Bílková, Veronika (advisor) ; Honusková, Věra (referee)
This thesis Collective Actions of the UN Security Council for the Protection of Human Rights deals with, as the title suggests, collective actions for the protection of human rights with the mandate of the UN Security Council. The thesis is divided into an introduction, conclusion, and four chapters. In the first chapter, the system of human rights protection is described, as it was set up within the newly-formed United Nations after World War II. This chapter also deals with collective actions of the UN Security Council, with or without the use of force, on a theoretical level, e.g. their authorization and possibility of measures that can be taken within the UN system against the perpetrator. Second chapter deals with examples of collective actions of the UN Security Council during the Cold War period. In this era, collective actions of the UN Security Council were authorized only twice, in case of South Africa as a reaction to their policy of apartheid, and in case of South Rhodesia as a reaction to the unilateral declaration of independence by the white minority government. Both cases are described in the chapter. The following chapter describes the development of human rights theories after the end of Cold War. With the end of the bipolar system, there is a shift in the perception of human...
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The nature and scope of the non-refoulement principle
Cenklová, Tereza ; Honusková, Věra (advisor) ; Bílková, Veronika (referee)
in English This thesis deals with the key principle of international refugee law which is the principle of non-refoulement. Thanks to this principle, entitled persons are protected from being returned to their country of origin where they would be in danger on the grounds listed in particular documents. The aim of my thesis is to define and analyze the nature, scope and content of this principle in particular international and regional documents and their subsequent comparison. The thesis itself is composed of seven main chapters. Chapter one contains a brief definition of the documents where the principle of non-refoulement is enshrined. Chapter two deals with the scope of the principle. The personal and territorial scope is examined in this chapter. In the third chapter, I focus on the nature of the principle in particular documents, the presence and interpretation of exceptions to the principle. I analyze primarily the Convention Relating to the Status of refugees in this chapter, since this Convention is the one containing exceptions to the principle. In the fourth chapter, I focus on the detailed analysis of the nature, scope and content of the principle in the particular documents. I examine which parts of the principle are identical or similar in those documents and which of them differ....
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