Silent Leges Inter Arma? Kvantitativní výzkum dodržování norem mezinárodního humanitárního práva

Mocková, Eliška

The work researches use of prohibited weapons in recent armed conflicts (from 2014 to early 2020). These weapons are prohibited by a set of international rules (treaty and customary) of international humanitarian law (IHL). The research focuses on all the conflicts that are still active to this day (early 2020). These conflicts are both international and more often non-international. The thesis maps the level of compliance, but it goes beyond as it also attempts to identify relevant factors that influence parties to an armed conflict when it comes to the choice to comply or not to comply. The ambitious aim was to identify the most reliable "law-enforcement substitutes" in the anarchical world of international law. It focuses on potential compliance factors such as identity of the parties to the conflict or reputational concerns. Own dataset was created, and a model of multiple logistic regression was utilized to test the hypotheses. The main findings include the fact that none of the factors was able to reliably predict use of prohibited weapons. Moreover, not even the combination of all those factors was able to give a satisfactory picture of the confusing reality on the ground. Other "sideway" findings include a "confirmation" of the popular scholarly belief that compliance with international law...

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