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Temporal Dynamics and the Jurisdicion of the International Criminal Court
Závada, David ; Urbanová, Kristýna (advisor) ; Lipovský, Milan (referee)
Temporal Dynamics and the Jurisdiction of the International Criminal Court Abstract This thesis examines how the passage of time affects the jurisdiction of the International Criminal Court (ICC) and its ability to exercise it, with special focus being placed on territorial jurisdiction under Article 12(2)(a) of the Rome Statute. The research aims to answer whether a State that is not a party to the Statute retrospectively accepts the jurisdiction of the ICC for crimes committed in what is now its territory (but was not at the time of commission) and can the ICC exercise that jurisdiction. To address these questions, the thesis first establishes an understanding of jurisdiction within the ICC's statutory scheme, distinguishing between a State's capacity to accept the ICC's jurisdiction and the ICC's authority to exercise it. This conceptual groundwork is crucial for navigating the complex interplay between the passage of time and the ICC's jurisdictional reach. A crucial aspect for answering the research question is the relevant point in time for assessing the Rome Statute's jurisdictional provisions - this thesis refers to the phenomenon as the relevant date. The thesis argues that a State that is not a party to the Statute retrospectively accepts the jurisdiction of the ICC for crimes committed in what is...
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Detention of Children on the Move and International Standards of Human Rights Protection: Content Analysis of the Case-Law of Administrative Courts
Svoboda, Tomáš ; Honusková, Věra (advisor) ; Lipovský, Milan (referee)
Detention of Children on the Move and International Standards of Human Rights Protection: Content Analysis of the Case-Law of Administrative Courts Abstract | Key words: detention - child's best interest - right to freedom - retention - prohibition of torture - irregular migration The number of children on the move in Czech detention facilities is increasing. Detention as such is an interference with personal liberty and a potential interference with other fundamental rights and freedoms guaranteed by a diverse and wide range of international conventions. The objective of this thesis is twofold. The first objective is to determine how various human rights standards regulate the detention of children in the migration context. Consequently, the second objective aimed to determine the structure, shape and content of domestic case-law, specifically with respect to human rights standards. Previous research has focused only fragmentarily on child detention in the migration context, using only doctrinal methods. The attention of previous researchers has been focused on individual human rights mechanisms or on doctrinal analysis of the decisions of the Czech supreme courts. No research has analyzed human rights standards comprehensively or looked at Czech domestic case-law in its entirety. For these reasons, we...
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Principle of complementarity in the Rome Statute
Urbanová, Kristýna ; Lipovský, Milan (referee)
Principle of complementarity in the Rome Statute The thesis provides a reader with an analysis of non/operation of the principle of complementarity in practice of the International Criminal Court. The principle of complementarity concerns rules governing a relationship between national courts and the ICC in the context of the exercise of jurisdiction over the crimes under international law covered by the Rome Statute. From the beginning, the principle of complementarity has been considered a cornerstone of the Rome Statute and has been often contrasted with the principle of primacy enjoyed by the International Criminal Tribunal for Former Yugoslavia and the International Criminal Tribunal for Rwanda. During the adoption of the Rome Statute, both the states and researchers expected that thanks to complementarity the ICC would act only as a court of a last resort and would exercise its jurisdiction only if states endowed with jurisdiction would be unwilling or unable to investigate or prosecute those responsible for international crimes in the jurisdiction of the ICC. The amount of emphasis put on the unwillingness or inability of states to investigate and prosecute should have guaranteed a balance between the protection of state sovereignty and the effective and credible operation of the...
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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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