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The status and role of new human rights in international law
Kalenská, Petra ; Honusková, Věra (advisor) ; Bílková, Veronika (referee)
Status and Role of New Human Rights in International Law This diploma thesis compares three methods which have been used so far in the creation of new human rights in international law. The first chapter establishes the theory of the creation of new human rights in international law. It is claimed that all new human rights have been created by one of the following three methods: the adoption of an international treaty; the interpretation of an internetional treaty; or the adoption of a declaration. The second chapter provides definitions of a notion of human rights and determines a notion of new human rights as those rights which are not expressed in the International Bill of Human Rights. The distinction of human rights by generations is rejected. The third chapter summarizes the sources of international human rights law, which are international treaties, international custom and general principles of international law. Further, the third chapter shows the significance of peremptory norms and soft law instruments for international human rights. The fourth chapter deals with the first method of creating new human rights, i.e. adoption of international treaty. This method is presented through the Convention on the Rights of Persons with Disabilities and the right to live in community. The formulation...
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The history and conception of collective security under the League of Nations
Potucký, Jan ; Bílková, Veronika (advisor) ; Ondřej, Jan (referee)
Master thesis is dealing with the topic of Collective security during the time following World war the first, during the time of League of Nations duration. Except the introduction and conclusion Thesis is divided into five sections. First section is dealing with the issue of Collective security. In order to conduct deeper analysis, term is divided into two parts - Security and Collectiveness. Concept of Security is analysed further when four different aspects are identified. Collectiveness is also examined in order to define its meaning. First part also includes distinction between Collective security and Collective self-defence. Despite their different meanings these two terms are often interchanged. Second part deals with the events preceding the creation of League of Nations. Especially the Paris peace conference. Since it laid down the foundations for the new International organization and its prime document, the Covenant. Second part is also dealing with the demands of the victorious powers on a concept of Collective security. Since the victors did not share single opinion on how to organise new international organisation, the Covenant of League of Nations and its legal mechanisms are result of a diplomatic compromise. Third part is dealing with the specific parts of the Covenant. The parts related to...
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The limits of freedom of expression in the light of judgments of the European Court of Human Rights
Kovářová, Veronika ; Bílková, Veronika (advisor) ; Tymofeyeva, Alla (referee)
Limits of freedom of expression in the light of case-law of the European Court of Human Rights This diploma thesis deals with the freedom of expression and its permissible limits as those declared in Article 10 od the European Convention on Human Rights (hereinafter referred as "Convention"). Freedom of expression is guaranteed to everyone. However freedom of expression is not absolute, restrictions on freedom of expression by the intervention of the national authorities to individual freedoms is permissable in case of existence any justifiable targets pursuant to paragraph 2 of Article 10. We named this procedure by test legality, legitimacy and proportionality. So, in other words, the measures used against a person must be established legal standards, must pursue achieving a legitimate aim and be necessary in a democratic society. European Court of Human Rights (hereinafter "the Court") applies this test whenever it finds existing interference with freedom of expression. It focuses on case law precedents, set by the European Court's of Human Rights (hereinafter referred as "Court"), in cases of complaints for violation of the freedom of expression concerning the admissibility of the use of legitimate aim clauses by national authorities applying law. The structure of the contents of this thesis...
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The crime of aggression and the International Criminal Court
Matušinová, Anna ; Čepelka, Čestmír (advisor) ; Bílková, Veronika (referee)
The Rome Statute which came to existence in 1998 was a great step forward for international criminal law and its enforcement. Later, in 2002, the International Criminal Court was established in order to prosecute the most serious crimes according to the Statute - war crimes, genocide, crimes against humanity, and the crime of aggression. Only the first three mentioned were specified in the Statute, while the fourth one was not agreed upon, meaning that the ICC does not possess jurisdiction over this crime. The aim of the Revision Conference in Kampala in 2010 was to incorporate the definition of the crime of aggression into the Rome Statute. Finally, the International Court had to gain jurisdiction over a crime of aggression. However the expectations were not fully met. The states agreed upon the definition which they specified in the Rome Statute; nevertheless the jurisdiction of the ICC has not yet been activated. This will probably happen in 2017 at the earliest if preconditions and triggering mechanisms are completed. The purpose of the thesis The Crime of Aggression and the International Criminal Court is to examine the questions related to aggression. The thesis begins with the historical development of the concept and continues with the most relevant international law provisions connected to...
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Targeted killing as a means of the fight against terrorism
Kučera, Tomáš ; Hýbnerová, Stanislava (advisor) ; Bílková, Veronika (referee)
In recent decades we can watch heated debates on the legal and moral permissibility of State-sponsored targeted killings involving representatives from Governments, academic circles, military and police forces, intelligence services, human rights groups, humanitarian institutions, intergovernmental organizations a and the mass media. These debates are even more intense after the killing of Osama bin Laden, leader of the terrorist group Al Qaeda, in May 2011. The aim of the thesis is to answer to the question: Are targeted killings a permissible method of fight against terrorism? The legality of targeted killings is analyzed in term of lex lata international law, namely under human rights law, international humanitarian law and law of international security. The thesis is composed of six chapters. Chapter One defines basic terminology used in the thesis. The Chapter is subdivided into two parts. Part One defines the concept of targeted killings. Part Two defines the notion of terrorism. Chapter Two examines the legality of targeted killings in term of law of international security. Chapter Three describes the parallel application of human rights law and international humanitarian law. Chapter Four analyzes the legality of targeted killings under human rights law. The Chapter is subdivided into two...
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Legality of preemptive self-defence
Davidová, Veronika ; Bílková, Veronika (advisor) ; Balaš, Vladimír (referee)
The legality of pre-emptive self-defence The Master's thesis deals with one of the key issues of current international law, the right to pre-emptive self-defence. The work is divided into six parts, including introduction, four chapters and conclusion. After an introductory part the first chapter deals with the sources of international laws regulating the right to self-defence, their system and the way in which they interact with each other. This chapter seeks to analyse the impact of those sources on the development of right to pre-emptive self-defence. The main attention is devoted to the primary and secondary sources of international law regulating the right to self-defence, such as the U.N. Charter, customary international law, the judicial decisions of the International Court of Justice and the teachings of the most highly qualified publicists. The second chapter first focuses on the concept of classical self-defence. It then goes on to examine the two traditional doctrinal approaches to the interpretation of the scope of the right to self-defence, the restrictive school of thoughts and the extensive school of thoughts. The next chapter relates to the prohibition of the use of force under international law. The last chapter first analyses the concept of pre-emptive self-defence from the...
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Regional and subregional protection of human rights in Africa
Demuthová, Tereza ; Faix, Martin (advisor) ; Bílková, Veronika (referee)
This thesis concentrates on the theme of regional and subregional protection of human rights in Africa. Firstly, it tries to give a summary of the system of human rights protection within the African Union and its evolution with brief characterization of the African Charter on Human and Peoples` Rights, the African Commission on Human and Peoples` Rights and the African Court on Human and Peoples' Rights. The second chapter concentrates on the protection of human rights under the regional economic communities provided by three subregional courts, namely the ECOWAS Court of Justice, the SADC Tribunal and the East African Court of Justice. It provides an insight into the functioning of these three subregional courts and analyses questions relating to their human rights jurisdiction as well as their human rights practice and different challenges that these courts had and have to face. It concludes that although the effectivity of the regional and subregional human rights protection in Africa is yet not high and has to be improved, the system is still in its beginning and there is a potentional for the subregional courts to became more effective forums for human rights protection.
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Duress as a defence in international criminal law
Hladíková, Eva ; Bílková, Veronika (advisor) ; Šturma, Pavel (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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Legal protection of journalists in an armed conflict
Benešová, Barbara ; Bílková, Veronika (advisor) ; Balaš, Vladimír (referee)
The diploma thesis is concerned with the protection of journalists in armed conflicts. From my point of view this topic is relevant in connection with the recent war in Iraq and many other conflicts of local character. Many professionals in the world deal with this issue but in our country almost nobody opens it, with a few exceptions. The aim of this thesis is to provide a comprehensive overview of the protection of journalists in armed conflicts - it means the applicable legislation and also proposals of new regulation. The main question is whether applicable law is adequate to provide an appropriate protection for journalists and news media personnel in armed conflicts. I suggest a new convention, which contains a special status for journalists and determines a protective emblem for them, should be adopted and in this thesis This thesis is composed of thirteen chapters which are subsequently divided into subchapters. It consists of two main parts. The first one focuses on applicable rules - especially Protocol Additional to the Geneva Conventions of 12 August 1949. The beginning of this part is concerned with the interpretation of the term "journalist" and then briefly describes a history of the protection of journalists in armed conflicts. These two chapters are followed by the third one, which...
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The attitude of the United States of America towards the International Law - Bush's Unilateralism
Keblušek, Andrej ; Ondřej, Jan (advisor) ; Bílková, Veronika (referee)
Title: THE ATTITUDE OF THE UNITED STATES OF AMERICA TOWARDS THE INTERNATIONAL LAW - Bush's Unilateralism". Author: Mgr. ANDREJ KEBLUŠEK Department: Faculty of Public International Law Superviser: doc. JUDr. JAN ONDŘEJ, CSc., DSc. ABSTRACT On October 24, 1945 at a conference in San Francisco, the organization of the United Nations (hereinafter UN) was founded by, which has set up as its main goal "to save future generations from the scourge of war". On the same day the charter of this organization has also entered into force; it is known as the Charter of the United Nations (hereinafter the UN Charter), which anchored new international rules based on the principle of Jus ad Pacem ("right for peace") and forbidding the principle of Jus ad Bellum ("right for war") in future international relations. The war was thus - under the new international rules - banned for the future and could be waged from now on only in the interest of maintaining the international peace and security in absolutely isolated cases. However, the United States of America is the only country in the international community, which is most often using armed force in international relations, and it currently wages two giant war campaigns in Afghanistan (2001 - ) and Iraq (2003 - ). The objective of this work will be therefore the assessment of...
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