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The Legality of the Use of Force against Islamic State
Mlčák, Jiří ; Bílková, Veronika (advisor) ; Ondřej, Jan (referee)
The aim of this thesis is to evaluate the lawfulness of the use of force by the United States of America against the so-called Islamic State in the territory of Syria, in terms of Ius ad bellum. For this purpose, the thesis is divided into three parts. The first part focuses on assessing the subjectivity of the Islamic State. In particular, the subjectivity is examined with regard to the criteria arising from the Montevideo Convention on the Rights and Duties of States and from professional experience. The Islamic State is assessed in terms of defined territory, permanent population, effective government, capacity to enter into relations with other states, independence and legitimacy. The second part deals with the legal regulation of the use of force in international relations. After the presentation of the historical development, the attention is paid especially to the UN Charter and the ensuing prohibition of the threat or use of force in international relations. In the context of the use of force against the Islamic State, legal exceptions to this prohibition, which could be used in the fight against the Islamic State, are presented. First, attention is paid to the exceptions resulting from the UN Charter, which are self-defense under Article 51 and actions under Chapter VII. Two types of...
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Venice Commission's Contribution to Development and Protection of Fundamental Human Rights
Illková, Natalie ; Bílková, Veronika (advisor) ; Tymofeyeva, Alla (referee)
The topic of this diploma thesis is European Commission for Democracy through Law, i.e. Venice Commission, and its work. The Venice Commission is an advisory body on constitutional matters of the Council of Europe. The Commission provides legal advice to its member states in the fields of democracy, human rights and the rule of law. The goal of this thesis is to determine whether Venice Commission's human rights agenda makes a substantial contribution to the human rights protection and if it does, then in what ways, i.e. what means it uses and to what extent are they effective. This diploma thesis is divided into seven parts, which are then further subdivided into chapters. In Part 1, the Venice Commission is introduced - with an emphasis on its structure and members. The following part continues to describe the different types of Venice Commission's activities and authored documents. In these documents, the Venice Commission provides states with legal advice on how to unify their legislation with the European standards of human rights protection. Part 3 records the 30-year development of this international body. In the next parts, the work focuses on the Venice Commission's activity in Europe and other regions. The text analyzes which systems of human rights protection are deployed in different...
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Territorial Disputes in South China Sea
Rožnovská, Veronika ; Ondřej, Jan (advisor) ; Bílková, Veronika (referee)
Territorial Disputes in South China Sea Abstract This diploma thesis deals with territorial disputes in the South China Sea and its participants. The aim of the thesis is to describe legal titles of all participants of the dispute and analyse their claims for areas in the South China Sea. The reason of the territorial dispute is based on the proximity of countries and the fact that the South China Sea contains a number of features that are claimed by surrounding countries whose claims exclude. Moreover, one of the participants - China, claims nearly 90% of the whole area. The thesis also describes provisions of the United Nations Convention on the Law of the Sea that are significant for the territorial dispute, as well as, means of the conflict solutions of the dispute provided in the Convention. The Philippines as one of the participants of the dispute decided to initiate arbitrary trial in order to find amicable settlement. The arbitrary tribunal ruled in favour of the Philippines in that matter, however as final chapter provides, China decided to ignore the arbitrary award and continues to supress other countries. Thus, an amicable solution of the dispute seems very unlikely in the near future. Key words South China Sea, exclusive economic zone, territorial dispute
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The role of the Social worker in work with transgender community
BÍLKOVÁ, Veronika
The bachelor thesis deals with transgender life before and after coming out. It deals especially with gender transformation from Real life test, till surgery intervention. In this thesis you can discove life stages, social work and also where social workers can meet transgender persons. And if social worker has or should have some role in gender transformation. In the research section, is interview with person who experienced this transformation. This person answered my questions about life, and multidisciplinary team. I asked If care for transgender person is sufficient. Or if social worker should join in this team. And how social worker can help.
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The Child Soldiers in International Law
Kollerová, Alexandra ; Bílková, Veronika (advisor) ; Bayerová, Monika (referee)
Children's rights and protection principles are today's current issue which is becoming increasing public interest. The rigorous thesis, as is already clear from its title, deals with children's rights in international documents. As a goal of the thesis is the analyse of the children status and its protection in areas which are problematic and need a deeper investigation. Specific areas are divided into individual systematic chapters which are interlinked. The special emphasis is put on child soldiers in the world and individual international instruments which are providing the protection of them. The rigorous thesis deals with the relation between international humanitarian law, international conventions and depending on children's rights. The thesis is divided into eight chapters and those are divided into several subsections. The first part of the thesis deals with children participation during the armed conflicts and then who is the children solieders. An important point to be discussed at the beginning of the work is the division of the armed conflict on the international and internal armed conflict. The thesis continues by the analyse of particular international documents dealing with the position of the child and the protection of the children in this documents. The work also deals with the...
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Tokyo Tribunal and Its Contribution to International Criminal Law
Kasáš, Alex ; Bílková, Veronika (advisor) ; Lipovský, Milan (referee)
The Tokyo Tribunal and Its Contribution to International Criminal Law Abstract The aims of my thesis are to analyze whether the principle of legality (nullum crimen sine lege, nulla poena sine lege) has been breached by The Tokyo Tribunal and to evaluate the Tribunal's contribution to the field of international criminal law. The work is divided into five chapters. First two, The Charter and The Indictment outline the establishment and jurisdiction of the Tribunal, the rules of proceedings, counts of the indictment and the accused. The remaining three chapters are a compilation of legal argumentation with a focus on the arguments concerning the principle of legality: Crimes under International Law before the Post-War Tribunals summarizes the opinions of international commissions, The Judgement the opinions of majority judges and The Minority Opinions the opinions of minority judges. In the Conclusion, I argue that while the principle of legality was breached, the adherence to it is a matter of choice between the doctrine of strict liability and that of substantive justice and I identify the affirmation of The Nuremberg Principles, the notion of conspiracy to commit aggression as a separate crime and extending the scope of the command responsibility doctrine as the Tribunal's contribution to international...
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International Terrorism and Challenges for International Law
Kobulská, Natália ; Bílková, Veronika (advisor) ; Ondřej, Jan (referee)
English abstract International Terrorism and Challenges for International Law Rigorosum thesis is focused on the understanding of essential problems of interna- tional terrorism in context of international law. Main challenges include the adoption of universal definition of terrorism, the settlement of the legal status of terrorists and their rights and obligations mainly in relation to human rights. It is important to clarify the responsibility of the State for terrorism (State terrorism and attribution of his actions), in relation to the population, captured terrorists, and non-state actors. The latter pose several problems in reaction to terrorist crimes, such as the legality of the use of force against them including the right of self-defence or the use of drones for targeted killing. It is contentious whether it is possible to place terrorism under existing categories of in- ternational law or it constitutes a separate act which is necessary to regulate apart from valid international rules. Keywords: terrorism, human rights, targeted killing, right to self-defence, use of force, State responsibility, non-state actor, 9/11 terrorist attacks
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Legality of the intervention during Libyan Civil War
Hambálek, Jiří ; Bílková, Veronika (advisor) ; Faix, Martin (referee)
LEGALITY OF THE INTERVENTION DURING LIBYAN CIVIL WAR Abstract The main purpose of this paper is to answer the questuion, if the NATO intervention in Libya during Libyan civil war in 2011 was in accordance with the international law. To achieve this purpose, the paper is divided into three parts. The first one, represented by chapters 1-5, describes self-defence and armed actions of the Security Council under the chap. VII of the UN Charter, which are legal and quite controversial concept of the humanitarian intervention and R2P concept. The role of regional arrangements in peacekeeping is also mentioned. The second part, represented by chap. 6, contains a case study whose object is the Libyan civil war in 2011 between col. Gaddafi's forces and the rebels supported by the NATO. The chapter 6 contains a detailed summary of various demonstrations, battles and campaigns, including the operation Unified Protector. The third part, chap. 7, is pointed on the question of legality of the NATO intervention. Albeit authorisation by the Resolution 1973, the legality of the intervention is questionable. The first air strikes, of 19 March, aimed on Libyan armed forces attacking Benghazi, can be classified as protection of civilians mentioned by the Resolution 1973. Following NATO air strikes supported the rebels in a...
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Legal status of prisoners of war
Zástěrová, Anna ; Bílková, Veronika (advisor) ; Ondřej, Jan (referee)
1 Abstract Legal Status of Prisoners of War The thesis "Legal Status of Prisoners of War" deals with the issue of war captivity in the context of international humanitarian law (also referred to as "IHL"), or more precisely in the context of the Law of Geneva. In the field of war captivity, both IHL legislation and a number of other international legal branches (e.g. general international law, international criminal law, or international human rights law) are confronted. The thesis pursues two objectives: descriptive and analytical. The descriptive aim is to give a comprehensive overview of the development of the legal regime of war captivity and to familiarize readers with the legal regime of war captivity and the treatment of prisoners of war (also referred to as "POW"), according to the valid sources of international humanitarian law. The analytical aim of the thesis is to find the answer to the research question, who is the combatant, or more precisely who is entitled to the POW status after falling into the enemy's power? The thesis consists of the introduction, which are divided into three parts, and the conclusion. The introduction presents the theme of the thesis, pursued objectives including the research question and outlines the structure of the text itself. The first part of the thesis introduces...
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