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Sexual and gender-based crimes in the decision-making practice of the International Criminal Court
Juhasová, Veronika ; Lipovský, Milan (advisor) ; Urbanová, Kristýna (referee)
Sexual and gender-based crimes in the decision-making practice of the International Criminal Court Abstract This thesis concerns sexual and gender-based crimes as laid down by the Rome Statute and other sources of applicable law of the International Criminal Court, and the way in which these provisions are put into practice. The objective of this thesis is to assess the International Criminal Court's approach to the prosecution of sexual and gender-based crimes through a description of its legal framework and subsequent analysis of each organ's approach to the investigation and prosecution of these crimes. The thesis first briefly introduces the historical development of the perception of sexual and gender-based crimes and outlines the evolution of the jurisprudence of international and hybrid criminal tribunals and courts relating to them. It then provides an overview of the way sexual and gender-based crimes are set out in the sources of law and internal regulations of the International Criminal Court, not only in terms of categorization of these crimes and definitions of their particular forms, but it also discusses the related rules that govern various phases of investigation and prosecution of sexual and gender- based crimes and that influence the selection of personnel involved in the proceedings....
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Legal issues of space debris remediation
Lepesantová, Alice ; Hofmannová, Mahulena (advisor) ; Lipovský, Milan (referee)
Legal issues of space debris remediation Abstract Space activities are growing, and outer space is becoming congested to a point where space debris remediation is needed to ensure a sustainable outer space environment. However, space treaties do not take space debris remediation into account. This thesis analyses legal issues of space debris remediation as one of the most pressing matters of space law. The author aims to answer whether current space law provides a sufficient framework for space debris remediation by analysing the issues of perpetual ownership, liability, registration, and transfer of ownership. Ownership of space objects is permanent under the Outer Space Treaty, this also applies to space debris, which complicates its remediation in certain cases. Obtaining permission is not a viable solution when the owner is unknown. Abandonment is discussed as a solution to the ownership problem. Transfer of ownership is also complicated as liability for damage cannot be transferred, neither can jurisdiction and control when the transferee is a non-launching State. Furthermore, liability presents an issue itself, as the space treaties were not drafted to fit the delicate legal relationships that may arise during space debris remediation operations. The possibility of a different liability regime for...
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Meaningful Human Control in Autonomous Weapons
Rešlová, Petra ; Lipovský, Milan (referee)
Meaningful Human Control in Autonomous Weapons ABSTRACT The research on autonomy in robotic systems is flourishing in many areas, but none is deemed as troubling as the development of lethal autonomous weapon systems (LAWS). It raises various compelling questions, legal and ethical ones. Discussions on the potential challenges posed by these emerging technologies highlighted the desirability of a certain level of human control. The notion of meaningful human control (MHC) over LAWS has gained widespread support. However, the principle itself and its requirements are yet to be defined. To this end, this paper analyses the emerging principle of MHC and explores its elements. It aims to clarify questions such as where the principle stems from and how it should be perceived and integrated into State practice. First, the definition and categorisation of LAWS are shortly addressed to provide an introduction to the topic. Second, it is argued that it is necessary to insist on the requirement of MHC, particularly because of technological limitations of current and future technology, such as object recognition and classification, bias, or unpredictability. The arguments stemming from the rules of international humanitarian law (IHL) on the conduct of hostilities are explored, mainly the rules of distinction,...
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Fostering Polar Cooperation: A Comparative Analysis of the Arctic and Antarctic Models
McGuire, Sarah ; Karlas, Jan (advisor) ; Lipovský, Milan (referee)
As sea ice melts and Arctic waterways become increasingly navigable, the importance of effective polar governance has never been higher, especially with heightened geopolitical tensions across the globe. Unlike its southern counterpart, the Arctic region is not governed by a single treaty, but rather a network of agreements and an international forum - the Arctic Council - designed to make recommendations and facilitate cooperation among the eight Arctic states. The objective of this study was to confirm if the Arctic Council and its governing instruments exhibit hard law or soft law characteristics and to consider the advantages and disadvantages of each. The subsequent objective was then to determine if there are lessons the Arctic can learn from the Antarctic, which is largely considered to be a successful example of hard law, and what barriers may be preventing the implementation of such improvements. Abbott and Snidal's Concept of Legalization was applied to determine the degree of legalization of treaties and agreements negotiated under the auspices of the Arctic Council and the products of its working groups by assessing their levels of obligation, precision, and delegation. This research found that the Arctic Council's contribution to Arctic governance does predominately exhibit soft law...
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International legal protection of refugees persecuted for reasons of sexual orientation and gender identity
Bedaňová, Jana ; Lipovský, Milan (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 monitoring mechanisms to failed asylum seekers fearing persecution on the grounds of SOGI. It analyses the decisions of the...
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The so-called Magnitsky Laws from the Perspective of International Law
Tydlitát, Pavel ; Bílková, Veronika (advisor) ; Lipovský, Milan (referee)
The so-called Magnitsky Laws from the Perspective of International Law Abstract This diploma thesis treats the phenomenon of so-called Magnitsky acts, a subtype of targeted international sanctions, from the point of view of international law. The text of the thesis is structured into three chapters. The first chapter deals with the origins of Magnitsky acts. Documented are the circumstances of the incarceration and death of Sergey Magnitsky. Described are the origins of the first Magnitsky Acts, i.e., the U.S. Magnitsky Act and Global Magnitsky Act, and the spreading of analogous norms around the world. The second chapter is a survey and legal comparison of selected legislation - in the United States, Canada, European Union, and Czech Republic. Based on the literature and the individual norms, the features common to all Magnitsky acts are determined. Subsequently, the acts are compared using five criteria. These are sanction aspects, as a definition of the prosecuted behavior; creation of the sanctions list, as an entitlement of the government agencies to create such lists; individual sanctions tools; appeals and remedies in the sanctions process, or removal from the sanction list; the overview of the sanctioned entities. The third chapter discusses the nature of the Magnitsky acts in the context of...
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A contemporary examination of the principle of distinction in international humanitarian law
Paluka, Adriana ; Lipovský, Milan (advisor) ; Urbanová, Kristýna (referee)
A contemporary examination of the principle of distinction in international humanitarian law Abstract This thesis is discussing current problematic topics on the application of rule of distinction, which are related to a civilianization of armed conflicts. One of these issues is a system of dichotomy between combatants and civilians established by the Geneva Conventions and their Additional protocols. The professional society is currently divided regarding the possibility of introducing a new third category of so-called unlawful combatants. This thesis introduces different views on this issue, on the legal status of persons belonging to this category and brings a debate on the necessity of abandoning the established conservative approach of dichotomy. One of the other fundamental problems currently complicating the application of the rule of distinction is the issue of direct participation in hostilities by civilians, which leads to loss of theirs otherwise guaranteed immunity against targeted attacks. Norms of codified international humanitarian law however regard this topic superficially. The ICRC in its efforts to facilitate an interpretation of these norms published an "Interpretive Guidance on the Notion of Direct Participation in Hostilities under International Humanitarian Law", which was however...
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Autonomous weapon systems and international humanitarian law
Halajová, Ludmila ; Lipovský, Milan (referee)
Autonomous weapon systems and international humanitarian law Abstract There is practically no branch of international law that has been left unaffected by significant advances in modern technology in recent years. In the context of armed conflict, these advances could have far-reaching consequences for the application of not only established rules of international humanitarian law, but also of the rules of international criminal law or the rules governing international responsibility. Many States are currently devoting their attention as well as resources to the development of highly sophisticated weapon systems with autonomous functions, the control of which is being increasingly transferred from human operators to computer systems. These Autonomous Weapon Systems (AWS) have the potential to affect profoundly the nature of future armed conflicts. Although these systems are no longer a novelty at the international scene, they continue to cause tensions and provoke divisive reactions amongst the international community. This dissertation aspires to provide a comprehensive insight into the development and use of AWS in the context of armed conflict. The dissertation has six parts. The first part clarifies the basic terminology relating to AWS and explains how autonomy in the context of a weapon system...
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Obligations erga omnes as a basis of legal standing in international law
Mais, Jan ; Lipovský, Milan (advisor) ; Bílková, Veronika (referee)
Obligations Erga Omnes as a Basis of Legal Standing in International Law ABSTRACT Obligations erga omnes represent the norms protecting the most fundamental interests in international law. Despite their longstanding presence, some aspects of these obligations remain unclear. The thesis aims to determine whether it is possible to enforce these norms by invoking responsibility for their breach before international courts and tribunals, specifically before the International Court of Justice (ICJ). The primary objective is to determine whether obligations erga omnes and their treaty counterparts, obligations erga omnes partes, effectively establish legal standing in ICJ proceedings. To achieve this aim, the thesis comprehensively examines the emergence of obligations erga omnes, their relationship with jus cogens, and their role in safeguarding community interests in order to situate the studied notion in the framework of law of international responsibility. By analysing the ICJ's case law, Judge opinions, the work of the International Law Commission, and prominent scholarly contributions, the study investigates how States' interest in protecting obligations erga omnes (partes) translates into the ability to invoke responsibility for their breaches through judicial proceedings. The analysis reveals that...
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Rights of transgender persons according to the ECHR with focus on sex reassignment
Šebková, Karolina ; Lipovský, Milan (advisor) ; Honusková, Věra (referee)
Rights of transgender persons according to the ECHR with focus on sex reassignment Abstract Although trans* people, regardless of the specifics of their life experience, are full-fledged members of society, society puts numerous obstacles in their way. Some of them are so serious that they are considered to be a violation of basic human rights. This paper therefore deals with the rights of trans* people from the perspective of the European Convention on Human Rights (ECHR). How this international instrument perceives such rights is ascertained through practice of the European Court of Human Rights (ECtHR). The research goal of the work is to find out and analyze how the rights of trans* people are protected by international human rights law through the ECHR, i.e. how these rights are protected by the European Court of Human Rights. Furthermore, as part of the legal analysis, provide a basic overview of trans* people as a group and focus on the concept of "sex reassignment" and its problematic side. To this end, the author poses a research question: How does the European Convention for the Protection of Human Rights and Fundamental Freedoms protect the rights of trans* people and how does the European Court of Human Rights approach their protection? The thesis mainly focuses on the issue of legal recognition...
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