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The Mass Refugeism in the Context of International Law
Brož, Vladan ; Hýbnerová, Stanislava (advisor) ; Bílková, Veronika (referee)
The purpose of my thesis is to analyze all instruments of international law for protection of refugees. During the twentieth century the international communities produced several universal and regional documents. Even though the only special universal treaty concerning refugees is almost sixty years old and it doesn't meet all needs in this area of our days. Fortunately there are also other human rights documents providing fundamental rights for all the people including refugees. The thesis is composed of five chapters, each of them dealing with different aspects of mass refugeism. Chapter One is introductory to migration as such and it defines basic terminology used in the thesis. Chapter Two consists of three parts. First part includes definition of sources of international law in general and second part contains history context of current international refugee law. Third part of this chapter focuses on current universal and regional documents dealing with refugees and asylum. Chapter Three is subdivided into five parts and provides an outline of relevant rules of general human rights which strengthen also rights of refugees and especially some groups of refugees such women and children. Chapter Four concentrates on problems resulting from the control mechanism which are incorporated in the most...
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The legal basis and recent activities of the International Criminal Court
Proschek, Tomáš ; Bílková, Veronika (referee) ; Šturma, Pavel (advisor)
Závěr Mezinárodní společenství si po dlouhá desetiletí bylo vědomo nutnosti stíhat zločiny podle mezinárodního práva. Primární úloha v této oblasti náležela (a stále náleží) soudním orgánům jednotlivých členských států společenství. Ne vždy však soudní orgány státu byly schopny či ochotny stíhat pachatele zločinů podle mezinárodního práva. V takovém případě mohla svoji pravomoc vykonávat Rada bezpečnosti, které členské státy v Chartě Organizace spojených národů svěřily odpovědnost za udržování mezinárodního míru a bezpečnosti. Rada bezpečnosti je však politickým orgánem, ovlivňovaným zájmy především svých stálých členů. Teprve vznik Mezinárodního trestního soudu znamenal vytvoření stálého nezávislého soudního orgánu, kompetentního ke stíhání zločinů podle mezinárodního práva. Statut Mezinárodního trestního soudu odráží dosažený stupeň vývoje mezinárodního práva trestního. V mnohém navazuje na své předchůdce, na druhou stranu také přináší řadu inovativních prvků. Zvláště podrobné definice jednotlivých skutkových podstat zločinů spadajících do jurisdikce Soudu, jež vycházejí jak z oblasti mezinárodního obyčejového práva, tak z judikatury ad hoc trestních tribunálů, představují dosud nejucelenější kodifikaci zločinů podle mezinárodního práva. I přes složitosti a odlišné názory, které provázely přijetí Statutu...
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Humanitarian intervention
Maxa, Tomáš ; Šturma, Pavel (referee) ; Bílková, Veronika (advisor)
Humanitarian intervention Humanitarian intervention is defined as a threat or use of force across state borders by a state, group of states or international organization primary aimed at preventing or ending widespread and grave violations of the fundamental human rights of individuals other than its own citizens, without the permission of the state within whose territory force is applied and even without permission of the United Nations Security Council. The purpose of my thesis is to analyse legal status of humanitarian intervention. Question of legality humanitarian intervention is one of the most controversial topics in international law and represents conflict between two major values of international law - international peace and protection of human rights. Both of these values are under protection of peremptory rules. The origins of humanitarian intervention can be tracked to natural law theoreticians in seventeenth century, but significant examples of humanitarian intervention occurred in nineteenth century. In accordance with traditional international law was humanitarian intervention lawful because the use of force wasn't forbidden by any legal norm. By virtue of adoption of the UN Charter was prohibited use of force and humanitarian intervention became illegal. But after the adoption of...
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Piracy and its relationship to international law
Štemberg, Milan ; Šturma, Pavel (referee) ; Bílková, Veronika (advisor)
Résumé Piracy and its Relation to the International Law Piracy is a threat to maritime navigation - and to maritime trade in particular - that is as ancient as maritime navigation itself. Even the Roman ruler Julius Caesar was - according to historians - captured by the pirates and released only after paying a royal ransom. At the beginning of the twentieth century, some authors considered the crime of piracy to be 'obsolete'. However, as the latest development proves, piracy is unfortunately very far from being eradicated. The forms of piracy developed dramatically throughout history; nevertheless, it poses an equal threat to shipment nowadays as it did in the time of Ancient Rome. This work presents piracy as a severe breach of the international law. The topic of piracy in general is discussed in the first part, while the other part offers a study of the most serious and also the most up-to-date piracy case - the piracy off the coast of Somalia. The general part presents various definitions of the word "piracy" itself on the first place. Even though the concept of piracy has been known for centuries, its perception and legal defining vary to a very high degree. To provide for a background to the problem, history and current situation concerning piracy are briefly explained as well. This part also provides...
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International terrorism and human rights
Dutkevičová, Lenka ; Šturma, Pavel (advisor) ; Bílková, Veronika (referee)
145 International Terrorism and Human Rights Terrorism has posed a threat to humans, and their lives and rights for centuries; however, it started gaining attention in the 19th century, as it became quite a widespread means of reaching political goals first of anarchists and later other groups. Every generation has claimed 'their terrorism' to be a completely new sort of terrorism never seen before, but all this has been more about perception rather than real change of the situation. One such new era allegedly started with the terrorist attacks on the WTA and the Pentagon in the USA on 11 September 2001. It is arguable whether that terrorism is a new one, but the response was definitely harsher than before, because this time reaction to one event engulfed the whole world. The attack was certainly bigger than usual, that much must be admitted, and it targeted symbols of a nation that had been endangered on its soil in such a way just once before, a superpower whose vulnerability was suddenly revealed. The people all around the world got scared and politicians reached to strong means of fighting the threat and protecting their people, sometimes restoring to controversial or blatantly unlawful ways, occasionally clearly exploiting the situation. International law - general, humanitarian, criminal and mainly...
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Ban on torturing in international law
Hrstková, Simona ; Šturma, Pavel (referee) ; Bílková, Veronika (advisor)
93 Název práce a její resumé v anglickém jazyce Prohibition of torture in the international law The prohibition of torture and other forms of ill-treatment is universally recognized and is enshrined in all of the major international and regional human rights instruments. It is also a firmly rooted principle of customary international law, and as such, it is binding on all states at all times, irrespective of whether states have assumed additional treaty obligations in respect of the prohibition. All international instruments that contain the prohibition of torture and ill- treatment recognize its absolute, non-derogable character. This is reinforced by its higher jus cogens status under customary international law which connotes the fundamental, peremptory character of the obligation. The prohibition of torture also imposes obligations erga omnes, and every state has a legal interest in the performance of such obligations which are owed to the international community as a whole. This obligation has important consequences under basic principles of state responsibility, which provide e.g. the obligation of all states to prevent torture and other forms of ill- treatment, to bring it to an end, not to endorse, adopt or recognize acts that breach the prohibition. We speak about negative and positive obligations...
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Selected aspects of the advancement of the goals and requirements of the convention on the prohibition of chemical weapons
Chára, Jan ; Ondřej, Jan (advisor) ; Bílková, Veronika (referee)
SELECTED ASPECTS OF THE ADVANCEMENT OF THE GOALS AND REQUIREMENTS OF THE CONVENTION ON THE PROHIBITION OF CHEMICAL WEAPONS Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction ("Convention") is a means of comprehensive ban of chemical weapons covering the whole category of these weapons of mass destruction. There are many factors having impact on effective enforcement of the goals and requirements of the Convention, namely its implementation in States Parties (particularly legislative), international cooperation and assistance, overcoming political stumbling blocks related to implementing the Convention in practice and other, often unpredictable factors resulting from law enforcement in international context. The aim of this thesis is, apart from a brief introduction into the history of the ban on chemical weapons, related activities within the context of international law and the existing status of the ban, to point out some problematic issues in this field which have the potential of hampering the goal of the Convention (due to the limited extent hereof without striving for complete coverage of the topic). The introductory chapter provides a basic overview of the history of international cooperation related to the ban on...
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Prohibited Means and Methods of Warfare in Armed Conflicts
Hyťhová, Petra ; Ondřej, Jan (advisor) ; Bílková, Veronika (referee)
113 RESUMÉ Prohibited Means and Methods of Warfare in Armed Conflicts Law of armed conflicts is a part of international public law. The first multilateral agreements about waging the wars were accepted in the end of 19th century. St. Petersburg Declaration (1868) and the conventions and declarations of the First and the Second Hague Conferences (1899, 1907) has already contained the basic and general principles of the law of armed conflicts and also the bans of concrete types of conventional weapons. In spite of the Briand-Kellogg's Pact, which has prohibited the use of force, armed conflicts still occur both on international level and on non-international level. Because of the technical progress, the wars started to be much more dangerous not only for the soldiers but also for the civilians. Such situation evoked the need of acceptation new rules regulating armed conflicts and prohibiting certain means and methods of warfare. After the Second World War Geneva Conventions (1949) granted a wide protection to all the victims of war. In 1977 two Additional Protocols to the Geneva Conventions were approved. The second one of them regulates the conduct of belligerent powers during the armed conflict of non-international character. Various number of conventional weapons has been used in armed conflicts. The...
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