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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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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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