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The Application of the Due Diligence Principle in Cyberspace
Botek, Adam ; Bílková, Veronika (advisor) ; Lipovský, Milan (referee)
The due diligence principle is a well-established general principle of international law. The adequacy of its use proved in many special regimes of international law, especially in international environmental law. Cyberspace is another regime where the application of the due diligence principle is desirable. An adequate application of the due diligence principle might mitigate the problem of attribution of cyber operations and help in denying safe havens of non-state actors, who conduct malicious operations in cyberspace. The adequacy of the application of the due diligence principle in cyberspace is further indicated by the results of discussions in international fora and by the emerging trend of support of the application in official declarations of States on the application of international law in cyberspace. The thesis further suggests how the due diligence principle should be applied by introducing three elements that trigger the due diligence obligation and three possible adjustments to them. It also identifies the essence of some controversial aspects of the application of the due diligence principle and introduces cyber- specific considerations for the determination of breaches of the due diligence obligation and evaluation of lawfulness of responses to the breach, which consist of acts of retorsion...
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Freedom of expression of the media: Comparison of case law of the European Court of Human Rights and the Inter-American Court of Human Rights
Davidová, Barbora ; Tymofeyeva, Alla (advisor) ; Bílková, Veronika (referee)
The diploma thesis deals with regional protection of freedom of expression with focus on the media. The aim of the thesis is to carry out a comparative analysis of the relevant regional documents concerning human rights protection and particularly of the selected case- law of the European Court of Human Rights and the Inter-American Court of Human Rights regarding freedom of expression of the media. I will find out where the differences or, on the other hand, the similarities of the courts' approaches to a different topics are. The thesis is divided into three parts. The first, introductory part deals with the theoretical grounding of the media and the issue of media freedom of expression from the perspective of historical development and international law. The second part focuses on protection of the freedom of expression of the media within two regional systems of human rights protection: the European and the Inter-American systems. With the help of Czech and foreign reference literature, both regional human rights protection systems are presented in separate subchapters, focusing at first on the procedural aspect - on the questions of who can claim the protection, from which authority and in what way; and whether a journalist himself, or perhaps a media owner, who believes their right to freedom...
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Application of international humanitarian law on cyber military engagement
Surá, Kateřina ; Bílková, Veronika (advisor) ; Faix, Martin (referee)
Application of international humanitarian law on cyber military engagement The subject of interest of this master thesis with the name Application of international humanitarian law on cyber military engagement is a critical assessment of possible applicability of the contemporary norms of international humanitarian law in cyber space. War-like activities in cyber space are unfortunately nowadays reality, therefore it is more than desirable to subject this thesis about the applicability of the international humanitarian law, which is hold by the majority of the international community, to the real analysis. The research question is not only whether international humanitarian law is applicable on cyber military engagement but also into what extent. The master thesis consists, except for introduction and conclusion, of four chapters. The first chapter is focused on fundamental characterization of international humanitarian law and brief development with a special focus on the development of warfare as a prerequisite to the militarization of cyber space. The following chapter defines concepts connected with cyber space in order to be further used in accordance with those definitions. The main part of this master thesis is the analysis of the applicability of the fundamental principles of international...
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"Sinking Islands" and the United Nations Security Council
Bruner, Tomáš ; Hynek, Nikola (advisor) ; Bílková, Veronika (referee) ; Karlas, Jan (referee)
Certain Small Island Developing States (hereinafter the "SIDS") such as Kiribati or Tuvalu are often incorrectly called "sinking islands" because their highest points are located just a few meters above the sea level. Sea level rise may turn their territories to uninhabitable land gradually disappearing beneath the tide. Worsening of the environmental conditions causes internal displacement, migration and other problems. SIDS repeatedly brought their plight to the United Nations Security Council (the "UNSC") during its meetings in 2007, 2011, 2015, 2018 and 2019. They demanded that the UNSC should deal with their situation as a potential security issue and safeguard more equal distribution of environmental security risks and costs. During the UNSC negotiations, various states attempted to interpret and re-interpreted the UNSC mandate in order to suit their interests. The representatives of SIDS suggested that the UNSC should be a body based on the principles of distributive justice decision-making and thus safeguard fairer sharing of threats and burdens, including those of environmental character. The rapidly developing states strongly opposed; they implicitly claimed that the UNSC should be based rather on the principles of commutative justice, i.e. decide in strictly given situations of violations of...
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Legality of the intervention during Yemeni Civil War
Hambálek, Jiří ; Bílková, Veronika (advisor) ; Ondřej, Jan (referee)
LEGALITY OF THE INTERVENTION DURING YEMENI CIVIL WAR Abstract The main purpose of this paper is to answer the questuion, if the Saudi Arabian-led intervention code-named operation Decisive Storm in Yemen during Yemeni civil war in 2015 was in accordance with the international law, precisely in accordance with the ius ad bellum. To achieve this purpose, the paper is divided into three parts. The first one, represented by chapters 1-6, describes self-defence, armed actions of the Security Council under the chap. VII of the UN Charter, intervention by invitation, concept of the humanitarian intervention and R2P concept. The role of regional arrangements in peacekeeping is also mentioned. The second part, represented by chap. 7, contains a case study whose object is the beginning of the Yemeni civil war at the turn of the year 2014and 2015 between president Hadi forces supported by the Saudi Arabian-led coalition and the Houthi rebels. The chapter 7 contains a detailed summary of various political decisions, UN Security Council resolutions, battles and campaigns, including the operation Decisive Storm. The third part, chap. 8, is pointed on the question of legality of the intervention. Albeit the invitation by president Hadi, the legality of the intervention was questioned. This chapter contains an analysis of...
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The term genocide in international law
Lukáč, Radovan ; Bílková, Veronika (advisor) ; Lipovský, Milan (referee)
According to the internation law, genocide is a crime commited by persons endowed with state power or is commited with knowledge of the state, violating important norms of international law. Thesis is analyzing term "genocide" since its birth. We owe coining of the term to Polish lawyer with Jewish heritage, Raphael Lemkin, who characterised it in year 1944 in hope, that it will help with prosecution and sentencing of nazi war criminals in Nurnberg. It, unfortunately, did not happen. Their were charged only with crimes against humanity and war crimes. Term "genocide" did not help to prove guilt of unlawful acts of the nazi clique against ethnic and national minorities, but tribunals have subsumed it under terms such as "extermination" or "mass killings". Only after the final judgements were passed and sentences carried out, was Convention on the Prevention and Punishment of the Crime of Genocide adopted in 1948. To call unlawful acts a genocide, subjective and objective element must be present. Subjective element requires special intent to destroy, in whole or in part a national, ethnic, racial or religious group. To fulfill objective element, one of the acts ennumerated in Article II of Genocide convention must be commited. Thesis is analyzing term "genocide" as characterised in Genocide...
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"Sinking Islands" and the United Nations Security Council
Bruner, Tomáš ; Hynek, Nikola (advisor) ; Bílková, Veronika (referee) ; Karlas, Jan (referee)
Certain Small Island Developing States (hereinafter the "SIDS") such as Kiribati or Tuvalu are often incorrectly called "sinking islands" because their highest points are located just a few meters above the sea level. Sea level rise may turn their territories to uninhabitable land gradually disappearing beneath the tide. Worsening of the environmental conditions causes internal displacement, migration and other problems. SIDS repeatedly brought their plight to the United Nations Security Council (the "UNSC") during its meetings in 2007, 2011, 2015, 2018 and 2019. They demanded that the UNSC should deal with their situation as a potential security issue and safeguard more equal distribution of environmental security risks and costs. During the UNSC negotiations, various states attempted to interpret and re-interpreted the UNSC mandate in order to suit their interests. The representatives of SIDS suggested that the UNSC should be a body based on the principles of distributive justice decision-making and thus safeguard fairer sharing of threats and burdens, including those of environmental character. The rapidly developing states strongly opposed; they implicitly claimed that the UNSC should be based rather on the principles of commutative justice, i.e. decide in strictly given situations of violations of...
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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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