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Sexual and gender-based crimes in the decision-making practice of the International Criminal Court
Juhasová, Veronika ; Lipovský, Milan (advisor) ; Urbanová, Kristýna (referee)
Sexual and gender-based crimes in the decision-making practice of the International Criminal Court Abstract This thesis concerns sexual and gender-based crimes as laid down by the Rome Statute and other sources of applicable law of the International Criminal Court, and the way in which these provisions are put into practice. The objective of this thesis is to assess the International Criminal Court's approach to the prosecution of sexual and gender-based crimes through a description of its legal framework and subsequent analysis of each organ's approach to the investigation and prosecution of these crimes. The thesis first briefly introduces the historical development of the perception of sexual and gender-based crimes and outlines the evolution of the jurisprudence of international and hybrid criminal tribunals and courts relating to them. It then provides an overview of the way sexual and gender-based crimes are set out in the sources of law and internal regulations of the International Criminal Court, not only in terms of categorization of these crimes and definitions of their particular forms, but it also discusses the related rules that govern various phases of investigation and prosecution of sexual and gender- based crimes and that influence the selection of personnel involved in the proceedings....
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Russian invasion of Ukraine from the perspective of international law
Malinová, Aneta ; Urbanová, Kristýna (advisor) ; Bílková, Veronika (referee)
Russian invasion of Ukraine from the perspective of international law Abstract The thesis deals with the issue of the Russian invasion of Ukraine, which began on 24 February 2022, from the perspective of ius ad bellum and ius in bello. In the first chapter, the thesis outlines the historical context of the relations between Ukraine and Russia, which is essential to expose the fact that the armed conflict in Ukraine has been ongoing since 2014. The invasion was thus the culmination of a long-standing conflict. In the second chapter, the thesis presents and analyses the reasons given by the Russian Federation for invading another independent and sovereign state. It thus examines whether the recognition of the Donetsk and Luhansk People's Republics was in accordance with international law and whether it stands in comparison with the recognition of Kosovo. It then considers whether the Russian Federation has the right to exercise individual, collective, preventive, or preemptive self-defense. The thesis finds that none of the Russian Federation's arguments can stand. The Russian Federation also cites the exercise of humanitarian intervention as a legal defense for its actions, but even this defense does not stand. The concept of Responsibility to Protect, which could be considered in the case of violations of...
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A contemporary examination of the principle of distinction in international humanitarian law
Paluka, Adriana ; Lipovský, Milan (advisor) ; Urbanová, Kristýna (referee)
A contemporary examination of the principle of distinction in international humanitarian law Abstract This thesis is discussing current problematic topics on the application of rule of distinction, which are related to a civilianization of armed conflicts. One of these issues is a system of dichotomy between combatants and civilians established by the Geneva Conventions and their Additional protocols. The professional society is currently divided regarding the possibility of introducing a new third category of so-called unlawful combatants. This thesis introduces different views on this issue, on the legal status of persons belonging to this category and brings a debate on the necessity of abandoning the established conservative approach of dichotomy. One of the other fundamental problems currently complicating the application of the rule of distinction is the issue of direct participation in hostilities by civilians, which leads to loss of theirs otherwise guaranteed immunity against targeted attacks. Norms of codified international humanitarian law however regard this topic superficially. The ICRC in its efforts to facilitate an interpretation of these norms published an "Interpretive Guidance on the Notion of Direct Participation in Hostilities under International Humanitarian Law", which was however...
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Crisis of the WTO dispute settlement system - MPIA
Červinka, František ; Šturma, Pavel (advisor) ; Urbanová, Kristýna (referee)
The Dispute settlement system of the World Trade Organization is in a crisis. The demise of the Appellate Body signals tough times for the multilateral trading system. The Appellate Body is now devoid of its adjudicators, their appointment blocked by the US. The celebrated system of dispute resolution has been crippled. Evolving since the second world war it saw many iterations. The first goal of this thesis is to explore the nature of the different dispute settlement regimes of the ITO, the GATT and the WTO and determine whether they constitute a judicial or a diplomatic system. The second goal of this thesis is to analyze the Appellate Body crisis. With no resolution in sight, a group of members agreed to sign the Multi-party Interim Appeals Arrangement (MPIA), resorting to arbitration in place of the non- functioning Appellate Body. The US has raised numerous objections to the practice of the Appellate Body and the thesis shall touch upon a number of them with a thorough discussion, mainly on the extent of its authority and the limits of its functioning. The thesis will examine the criticism of the US, counterarguments and whether the MPIA rectifies any of the perceived shortcomings. Key Words: Multilateral Trading System, the World Trade Organization, the Appellate Body, the MPIA, dispute...
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Conflict in Syria - Reasons and legality of the participation of selected entities
Tříska, Jakub ; Ondřej, Jan (advisor) ; Pelikánová Urbanová, Kristýna (referee)
Conflict in Syria - Reasons and legality of the participation of selected entities Abstract The aim of this diploma thesis is to provide some insight into the legality of the participation of selected entities in the syrian conflict. In this thesis legality is examined from two perspectives. The first is a historical perspective, which is represented by the Just war theory, which gives the most comprehensive overview of the use of force in the pre-war period. The second, more modern view of the issue is from the perspective of contemporary international law, represented primarily by the UN Charter. The thesis itself is divided into three parts. The first part explains the issue of the use of force in international law, which is divided into historical section, that provides a basic overview of the Just war theory, focusing on 6 criteria of Ius ad bellum - Just cause, Right authority, Right intention, Proportionality, Reasonable hope and Last resort, where the individual criteria are explained and placed in the context of modern law, and a contemporary section, which provides an overview of the use of force in current international law, focusing on Articles 2 and 51 of the Charter. The second part outlines the issue of conflicts from the perspective of international law with a focus on the division of...
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Legal regulation of the status of private persons in space law
Zíka, Tadeáš ; Ondřej, Jan (advisor) ; Pelikánová Urbanová, Kristýna (referee)
Legal regulation of the status of private persons in space law Abstract This thesis deals with the issue of regulation of rights and obligations of private persons in space law. It aims to determine to what extent public space international law addresses private persons, what obligations international treaties impose on private persons and how states adapt them into their national legal systems. The first chapter of the thesis presents the historical background against which space law has developed and which has had a significant impact on its current form. Subsequently, space law is defined, placed in the context of public international law and compared with the most similar legal regimes - the law of the sea, the law of the airspace and the Antarctic treaty system. The second chapter focuses on introducing the various space treaties that form the core of international space law. These treaties are the Outer Space Treaty, the Rescue Agreement, the Liability Convention, the Registration Convention and the Moon Agreement. In addition to a general introduction, the thesis focuses in particular on those provisions from which implications for the activities of private parties can be inferred. The chapter also introduces key international governmental and non-governmental organizations active in the field of...
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The principle of distinction and its implications for the conflict between Israel and the terrorist groups operating in the Gaza Strip
Vavrečková, Pavla ; Lipovský, Milan (advisor) ; Pelikánová Urbanová, Kristýna (referee)
The principle of distinction and its implications for the conflict between Israel and the terrorist groups operating in the Gaza Strip Abstract In this thesis the main implications of the changed nature of armed conflicts on the principle of distinction are being discussed. The thesis opens with a look into the changed nature of armed conflicts and the implications of thereof. Further it concentrates on the parties involved in asymmetrical conflicts. With the raise of asymmetrical conflicts and appearance of terrorist groups as significant non-state actors, a discussion about the status of their members needed to be opened and - possibly - their rights and obligations reassessed. Regardless of their asymmetrical nature, these conflicts are still to be governed by international law treaties that have been adopted in a time, where more classical state vs. state wars were the norm. The effective international law therefore does not sufficiently reflect the nature of today's conflicts. On this account, the principle of distinction is being closely explored in this thesis in order to provide an understanding, whether it is indeed able to encompass the nature of terrorists. The thesis discusses that the distinction under the effective LoAC is vastly black and white and assessing a situation basely on the provided...
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Textile industry in Kushan Central Asia
Urbanová, Kristýna ; Stančo, Ladislav (advisor) ; Ondřejová, Iva (referee)
Samotný název mé diplomové práce, Textilní produkce kušánské Střední Asie, vymezuje v jedné krátké větě objekt, oblast i časové údobí, které hodlám sledovat. Z hlediska tématického členění, by se práce dala rozdělit do dvou okruhů. První část se zabývá vlastními textilními nálezy z dané oblasti a jejich technologickým rozborem, část druhá pojednává o předmětech k textilní tvorbě používaných a o zařazení této produkce do rámce každodenní činnosti člověka. První část mé práce se opírá o archeologické nálezy textilií z oblasti starověké Baktrie za vlády Kušánů (od první pol. 1. století př. Kr. po konec 3. století) a sousedních oblastí. Toto území lze v podstatě dělit na dvě části, rozdělené přirozenou hranicí - tokem Amudarji na pravobřežní a levobřežní. Pravobřežní bývá označována za tzv. severní Baktrii, uzavřenou hřebeny hor Hissar, Bajsúntau a za Železnými vraty navazujícím masívem Kugitang. Pokrývala teritorium dnešního jižního Uzbekistánu a jihozápadního Tádžikistánu. Nebyla však jediným územím na tomto břehu řeky Amu, které poutaly pozornost kušánských panovníků. Byly to i oblasti za hradbou Hissaru: Sogdiana, Fergana a Chorezm, tvořící kulturně jeden velký celek, odlišující se od území, spadajících pod jižní Baktrii. Do soupisu textilních nálezů budou tedy zařazeny i tyto tři oblasti a ještě dvě další,...
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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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Legal regime of natural resources of celestial bodies
Pepřík, Šimon ; Pelikánová Urbanová, Kristýna (referee)
1 Legal regime of natural resources of celestial bodies Abstract The aim of this thesis is to describe the legal regime of the natural resources of celestial bodies. In recent months and years, there has been an increase in debates regarding mining on the moon and asteroids and this thesis dedicates its seven parts to the legal regime of such activities. In particular, whether such activities are possible from the point of view of international law, how are they regulated and what are the potential future developments in this area. In order to understand the legal regime governing the natural resources of celestial bodies, it is necessary to first become acquainted with the essential concepts of space law, including outer space, celestial bodies and outer space resources, whose definition is the subject of the first part of the thesis. The second part describes the development of international space law, from the first mentions in legal commentary to the creation of two important international documents in this area, the Outer Space Treaty and the Moon Agreement. Both international treaties are analysed and compared in individual chapters both in terms of their international acceptance and in terms of the regulation of activities in the field of outer space resources. Subsequently, their possible future...
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