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Consent to the jurisdiction of the ICJ in contentious proceedings with a focus on the so-called automatic reservations
Hátlová, Sára Mirabell ; Lipovský, Milan (advisor) ; Balaš, Vladimír (referee)
The chapters of the presented diploma thesis "Consent to the jurisdiction of the ICJ in contentious proceedings with a focus on the so-called automatic reservations" factually divide into a general and a special part. The general part introduces and defines all ways by which a state in contentious proceedings may consent to the jurisdiction of the ICJ. This part of the thesis explains the advantages as well as the disadvantages of each of these means, with the main focus on the optional clause declarations, as these constitute the basis for the following, specific, part of the thesis. Article 36(2) of the ICJ Statute, the legal basis for optional clause declarations, is analysed in this part for the purpose of defining the features of the optional clause declarations. Of all the specifics and characteristics of this way of establishing the jurisdiction of the ICJ, further attention is given to the reservations that states may condition their declarations with. The thesis not only analyses in detail Article 36, paragraph 3, of the ICJ Statute, but it also presents the most frequently used reservations and it examines the ICJ jurisprudence on the subject. This material is covered in the first three chapters and serves as a context for the next part of the thesis, which focuses only on automatic...
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The Crime of Genocide before the international criminal institutions
Gerle, Marek ; Lipovský, Milan (advisor) ; Pelikánová Urbanová, Kristýna (referee)
The Crime of Genocide before the International Criminal Institutions Abstract The crime of genocide constitutes one of the fundamental institutes of international criminal law that is directed against human rights violations perpetrated on a scale that affects the whole international community. It differs from other crimes under international law in its emphasis laid on the protection of selected groups of persons, the specific intent aimed at the destruction of those protected groups, as well as other aspects contained in its definition. As a response to the Holocaust the crime of genocide was defined for the first time by the Convention on the Prevention and Punishment of the Crime of Genocide in 1948. It was this very definition that was adopted to the statutes of international criminal institutions and is currently recognised as a peremptory rule. This thesis is dedicated to the crime of genocide in its form determined by the case law of UN ad hoc international criminal tribunals along with other international judicial authorities. The corpus of decisions taken by these authorities represents the preeminent source of matter concerned that provides the means to present a conceivably thorough perspective of the institute in question within the given scope. Furthermore, the author employs findings of the...
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International regulation of de facto states
Řeháčková, Diana ; Lipovský, Milan (advisor) ; Tymofeyeva, Alla (referee)
Over the course of history, the organisation of human societies has gone through several evolutionary stages. Their peak, primarily in Europe, took the form of states as polities structured around an ethnical basis-nation states. In many cases, their rise and downfall could be rather violent which led to growing social instability. Therefore, international communities began looking for mechanisms to regulate these processes. From the perspective of international law, it was necessary mainly to define the term state and codify the requirements an entity had to meet in order to be considered one. The Montevideo Convention established an elementary quartet, necessitating the presence of a population, territory, executive power and the ability to fully participate in international relationships, i.e. possess external sovereignty. These four aspects, however, still did not entirely suffice which is why secondary requirements kept being inconsistently added, addressing primarily the entity's inner character and its attitude to, for example, upholding universal human rights or minority rights. Nonetheless, simply meeting the above-mentioned criteria is not enough to establish a fully functioning state. In the modern world, it is essentially impossible for a new state to be created without infringing on...
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Responsibility of States for Unlawful Acts in Cyberspace
Hrdý, Pavel ; Lipovský, Milan (advisor) ; Ondřej, Jan (referee)
1 Responsibility of States for Unlawful Acts in Cyberspace Abstract This master's thesis addresses the topic of responsibility of state for the unlawful acts in cyberspace. The research subject is the application of the legal norms and the possibility of the state being held responsible in the field of collective security and human rights in cyberspace. It discusses mainly the question of use of force, armed attack, and aggression. Regarding the human rights, this master's thesis focuses on right to private life and family life, freedom of expression and right to life. This thesis delimitates the rules of responsibility of state under the Articles on Responsibility of State for Unlawful acts. In the chosen fields it was found that the international public law applies in limited manner also to cyberspace. In cyberspace, many attacks take place, which may result in breach in different fields of international law. To answer the question of the state responsibility, it was firstly dealt with, whether the subject-matter of this breaches can be reached in cyberspace. Following the analysis of the contemporary case law and state positions, it was argued, that the responsibility for the breach of prohibition of use of force may be applied in cyberspace. This thesis uses terms of armed attack and aggression and also...
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he Rome statute's crime of aggression following the Kampala review conference
Lipovský, Milan
Title of the dissertation: The Rome Statute's Crime of Aggression following the Kampala Review Conference The definition of crime of aggression was adopted in 2010 to fill the gap in article 5 (2) of the Rome Statute of the International Criminal Court ("ICC"). Complicated discussions preceding the adoption have identified many problematic aspects within the definition, including the relationship between the ICC and the UN Security Council ("SC") - whether the SC would be the only body capable to commence proceedings for the crime of aggression or not; further including the legal status of humanitarian intervention for the purposes of its criminalization under the Rome Statute; position of a perpetrator of the crime - should only leaders be considered perpetrators or should "lower" state officials be included; how should the amendment enter into force - under article 121 (4) or 121 (5) of the Rome Statute; etc. Many of these questions have not been answered by the adopted definition in a satisfactory way and so while the international community was celebrating the success of the adoption of the "supreme crime's" definition, many (including the author of this dissertation) have been seriously disappointed by the short-comings of the adopted text. Scholars continue to better understand the...
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Evolution of the protection of the freedom of assembly and association under the ECHR and the ICCPR in the Russian Federation
Solomina, Daria ; Lipovský, Milan (advisor) ; Kramer, Zachary John (referee)
MASTER'S THESIS Evolution of the protection of the freedom of assembly and association under the ECHR and the ICCPR in the Russian Federation. Author: Daria Solomina Supervisor: JUDr. Milan Lipovský, Ph.D. Study programme: MAIN Academic Year: 2020/2021 Abstract The rights of assembly and association are vital elements of the international system of human rights. The democratic society needs to protect those freedoms to let the population a chance to express important ideas, concerns, raise political and social issues and make sure the government knows what is important to pay attention to. The international legal system (in particular created by the ECHR and the ICCPR), has come up with fundamental basis for the realization of the rights of assembly and association. However, the main responsibility of the implementation of those rules and norms lays on the states and their domestic legal systems. This thesis researches the structure of the legal protection of the freedoms of assembly and association in the Russian Federation, discovers the significant discordances between it and the provisions of the ECHR and the ICCPR, and attempts to give the political reasoning that is behind those differences. Analyzing the case-law, historical developments of the political life of the Russian Federation and the...
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When sexual violence is weaponised: CRSV through the prisim of the international criminal law.
Opat, Tomáš ; Lipovský, Milan (advisor) ; Balaš, Vladimír (referee)
1 When sexual violence is weaponised: CRSV as a violation of international criminal law Abstract The aim of this thesis is to describe the legal regime of sexual violence in armed conflicts, with a special focus on international criminal law provisions. This work is divided into six parts that focus especially on legal provisions of the statutes of the International Criminal Tribunals for Former Yugoslavia, the International Criminal Tribunal for Rwanda as well as on the Rome Statute of the International Criminal Court and decisions of those international judicial bodies in cases involving sexual violence. The first part introduces to the reader basic terms and concepts that will follow them throughout this work. Additionally, a small subpart is dedicated to the Women, Peace and Security agenda introduced by the UN Security Council Resolution 1325 that, among other themes, highlights the necessity of strengthened international focus and cooperation in fighting sexual violence in armed conflicts. The second part deals mainly with the historical context of the adoption of the prohibition of sexual violence in armed conflicts and describe the development in approach of international law towards this crime, from general prohibitions of rape to specific enumeration of norms prohibiting sexual violence in...
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The Crime of Aggression under the Rome Statute of the International Criminal Court
Hedl, Jakub ; Lipovský, Milan (advisor) ; Ondřej, Jan (referee)
1 The Crime of Aggression under the Rome Statute of the International Criminal Court Abstract This diploma thesis deals with the Crime of Aggression, one of the four crimes under international law prosecuted by the International Criminal Court. The definition of this crime was adopted at the Kampala Review Conference in 2010 and the jurisdiction of the International Criminal Court was activated in 2018. This is a significant milestone in the development of international criminal law, as it means a possibility of prosecuting state "leaders" for acts of aggression against other states for the first time since the end of the Second World War. The goal of this thesis is to provide a brief summary of the historical development of the Crime of Aggression, to analyse and to evaluate the newly adopted definition. The jurisdiction of the International Criminal Court over the Crime of Aggression of the will be also assessed. Last but not least, the paper elaborates on whether the Crime of Aggression has become a custom in international customary law. The first chapter deals with the position of the Crime of Aggression in relation to other crimes under international law and the issue of terms and scheme of international criminal law. Chapter two describes the complex historical development of the Crime of Aggression....
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Protection of reproductive rights in the case law of European Court of Human Rights
Sýkorová, Petra ; Lipovský, Milan (advisor) ; Tymofeyeva, Alla (referee)
Protection of reproductive rights in the case law of European Court of Human Rights Abstract Irrespective of the fact that reproduction and sexuality are very intimate issue for each person, reproductive rights very often face restrictions, doubts, and attacks. This is also the case in Europe. Hence this paper deals with the topic of protection of reproductive rights in Europe, more specifically with the stance on the protection of these rights by the European Court of Human Rights. The aim of this paper is to explore the stance of ECHR on the protection of these rights. The author of the paper asks the research question: What is the position of ECHR regarding the protection of reproductive rights? At the same time, the paper points out to certain defects in the Czech legal regulation which could, arguably, lead to violation of the European Convention on Human Rights. The paper uses the method of critical analysis on the decisions of ECHR and evaluates the significance of these decisions. The paper uses the case law of ECHR as the primary source while drawing on subsidiary sources such as international organizations' documents or academic articles. Reproductive rights are examined through the human-rights approach with the emphasis on the women's rights in this area. This paper is divided into three parts....
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The indirect expropriation of foreign investors
Poništiak, Ondrej ; Lipovský, Milan (referee)
331 The indirect expropriation of foreign investors Abstract International trade has been booming among various types of states for several millennia. The development of international trade is influenced not only by these types of states, but also by the significant contribution of foreigners and the various entities they establish. The vision of expansion and opportunities related to new markets encourages them to abandon the explored and well-known domestic waters and plunge into foreign investment activities. The investment in the jurisdiction of a foreign host country entails several additional risks for the foreign investor in addition to the expected investment potential. These risks are related to different political, economic, legal, cultural and overall social backgrounds. Nevertheless, at the beginning of the 21st century, foreign investment is reaching staggering parameters. On a global level the total foreign direct investments amounted to USD 1.43 trillion in 2017. Of course, such an important social area is subject to regulation. Since about the middle of the 20th century, said regulation has included the standard of protection of foreign investors against indirect expropriation, which is the subject of the submitted thesis. This kind of expropriation is currently one of the most fundamental...
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