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Child Soldiers: Recruitment and Abuse of Children in Armed Conflicts
Karásková, Karolina ; Makariusová, Radana (advisor) ; Ludvík, Zdeněk (referee)
The main aim of this Master's thesis is to analyse how children are recruited and abused as soldiers in armed conflicts, and how international humanitarian law protects their rights. The thesis is divided in two main parts, theoretical and empirical. In theoretical part are introduced the most important documents of international humanitarian law and international human rights law, including international governmental and non-governmental organizations which promote these rights. In empirical part, the author focuses on case studies, namely the case of the Lord's Resistance Army (LRA) and the case of the Islamic State of Iraq and Syria (ISIS). The author was not interested in finding similarities in these two cases, but conversely, to point out on the uniqueness of each case. To precise, the thesis is analysing reasons for the recruitment and abuse of children by the LRA and ISIS, and the legal responsibility of both groups. The author of this thesis chose as a methodology an instrumental case study which is useful for providing a general understanding of a phenomenon by using a particular case. In addition, this methodology is convenient for interpretation of legal documents, and two selected cases serve as instruments for interpreting the recruitment and abuse of children in armed conflicts. The...
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Cultural property in armed conflicts: Typical motivations causing their destruction
Pelikánová, Eva ; Kučera, Tomáš (advisor) ; Bruner, Tomáš (referee)
In recent years protection of cultural property in the event of armed conflicts has become largely mentioned issue. Despite broad international legal codification of principles to prevent destruction of cultural property in the event of armed conflicts, destruction of cultural property obviously occurs. Within discussion on their protection, attention is not so paid to the values of cultural property representing for interested actors not merely in the event of armed conflicts. Attention is not much paid also to the motivations leading actors to destroy cultural property in the event of armed conflicts. The thesis is based on current state of knowledge both in academic or international law and it focuses on exploring motivations leading actors to destroy cultural property in the event of armed conflicts. To answer the research question: "What motivators are leading actors to actively destroy cultural monuments in armed conflicts?" is proceeded from analysis of literature that expounds the motivations for the destruction of cultural property in the event of armed conflicts. These motivations will be understood as theoretical explanations of destruction for the purposes of the work, and on the basis of five case studies, their validity will be checked. The subsequent synthesis of the conclusions of...
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Legal status of medical personnel, especially of the International Committee of the Red Cross in armed conflicts
Bejdák, Matěj ; Pulgret, Miroslav (advisor) ; Ludvík, Jan (referee)
The aim of this thesis is to describe the legal status of medical personnel in armed conflicts. An emphasis is laid upon the medical personnel of the International Committee of the Red Cross. The scope of the first part of the thesis is the legal framework governing armed conflicts which is the international humanitarian law; its essential principles, applicability and branches are mainly covered. Further, the thesis describes the status and tasks of the International Committee of the Red Cross within international law. Lastly, the legal status of medical personnel in armed conflicts is described. Since the medical personnel belong among persons protected under the Geneva Conventions of 1949, the vast majority of this part is dedicated to the protection which the international humanitarian law grants to the personnel. The primary (related to the medical personnel themselves) and secondary (related to medical buildings, symbols, etc.) protection is distinguished.
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The Involvement of the International Criminal Court in Investigating Crimes outside Armed Conflict
Patková, Lucie ; Werkman, Kateřina (advisor) ; Pulgret, Miroslav (referee)
The thesis deals with the question, in which situation the International Criminal court would probably open an Investigation of such crimes by an international body is a delicate question mainly with regard to a great extend of intervention into a state sovereignty, which manifests itself also as jurisdictional sovereignty. The thesis focuses on the case of Kenyan post-election violence in years of 2007 and 2008 and the aim to suppress Libyan revolution of 2011. Besides, the work is based upon the theory of (liberal) institutionalism, which could hopefully be applied to the international-law case of investigation of the crimes committed outside an armed conflict. Within the framework of the thesis I try to reveal criteria determining whether the International Criminal court opens or not an investigation to a situation of human rights abuse. For the purpose I take into consideration world and local country status, character of the perpetrators, extend of the attacks, country's relation to the great powers, as well as readiness of the country to prosecute the perpetrators within the national jurisdiction. As conclusion I try t compare the findings from the part applying liberal institutionalism and from the case studies.
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Protection of cultural assets in case of occupation
Blšťáková, Tereza ; Bílková, Veronika (advisor) ; Ondřej, Jan (referee)
The Protection of Cultural Property during Occupation Cultural property represents an integral part of every nation, it completes the identity of the individual as well as that of humanity as a whole. Because of its specific character, it represents a unique and valuable source for the understanding of history, and creates a sense of belonging to a community, either in its national or in its worldwide sense. Cultural property has a special, irreplaceable meaning for society; its character, existence and continuity and must therefore be protected. The risks that cultural property faces are of two different kinds: either independent of human will or, on the other hand, connected with human activity. Dangers for cultural property are naturally present even during the time of peace. On the other hand, cultural property represents especially vulnerable objects during the time of armed conflict or occupation. Even though during the time of armed conflict the protection of human lives, especially of persons not involved in actual fighting, plays the paramount role, it is nevertheless important to provide protection to cultural property as well. The aim of my thesis is to provide an overview and framework of existing mechanisms for the protection of cultural property in the event of armed conflict,...
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The role and safety of journalists in an armed conflict
Bártová, Gabriela ; Šturma, Pavel (advisor) ; Balaš, Vladimír (referee)
This thesis deals with the position of journalists in the situation of armed conflict, It is a category of persons, whose protection within the international humanitarian law has been discussed for many years. Mediation of information from the area of armed conflict is a growing phenomen and because of the technical equipment, it relates more and more to laymen, not just professionals. The question whether journalist should enjoy special protection in the situation of armed conflict was raised already in the process of adopting the Additional Protocols, the so far latest source of the "Geneva law". Since then, it has been subject to many iniciatives, whose aim is to emphasize the role and value of journalists on the battlefield and ensure them more safety. On the other hand, it is obvious that journalists are not an a priori object, which should be protected by the humanitarian law - victims of the armed conflict, either among combatants or civilists. The thesis therefore tries to map the current legislation (embodied mostly in the Geneva Conventions and the Additional Protocols) and its historical and factual context. In the second part, it introduces and evaluates different initiatives that address the legislation - both those which try to change it and strenghten the protection of journalist in...
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Child soldier status in international law and the application of international law to protect him
Dudková, Kristýna ; Pulgret, Miroslav (advisor) ; Kučera, Tomáš (referee)
Children are one of the most vulnerable category of people on the world and their rights are breached very often. Because children do not have enough strong voice to protect themselves, there are many legal documents designated to their protection. However there are some states which are not bound by these documents and there is only limited possibility of enforcement state parties to documents about child protection to follow them. Children's rights are abused during armed conflicts as well, when children are used as child soldiers. My thesis deals with legal documents about status of child soldier in international law, how children are protected against misusing them as child soldiers during armed conflicts by international law, what is a definition of a child and a child soldier in first part. The thesis is focused on legal protection of child soldiers in some areas of the world and how efficient this protection is in next part. Practical part of my thesis shows that the issue of using of child soldiers is still vivid, because children are still used during armed conflicts around the world. I show possible solutions which would decrease number of child soldiers around the world at the end of my thesis.
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The role of the UN in the emergence of independent East Timoer
Váňa, Radek ; Karásek, Tomáš (advisor) ; Parízek, Michal (referee)
This bachelor thesis deals with the conflict in East Timor. It focuses on the role which the UN played during the formation of the independent Democratic Republic of Timor-Leste. At first, it describes the history of the island which provides a background for the subsequent research. The next part examines the causes which led to the independence of East Timor. Finally, the last passage is devoted to the role played by the UN with a special focus on the period between 1999 and 2002. This thesis is conceived as a case study. Powered by TCPDF (www.tcpdf.org)
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Child soldier in international law
Arlethová, Lucie ; Hýbnerová, Stanislava (advisor) ; Ondřej, Jan (referee)
"Child soldier from the perspective of International Law" (Thesis title) This diploma thesis deals with a protection of a child and relation between international humanitarian law and human rights law. The main emphasis is put on particular legal agreements governing status of children in armed conflicts and providing them with protection. In this work are also discussed merits of particular international conventions, as well as issues of their application and supervision. The first chapter pursues rise in interest of society in position of child soldiers and inspects motives and causes of participation of children in armed conflicts. After that the thesis explores historical connection between children and their involvement in armed conflicts. In the end it considers impact of those conflicts on physical and mental health of children and consequences, which arise by their involvement in armed conflicts. The second chapter focuses on defining fundamental terms such as child and armed conflict. Those terms are studied further in accordance with individual and different ways of interpretation of particular conventions. This chapter points out, that decisive criteria for the involvement of children in government's armed forces or non-state army and therefore for their protection is age. The difference...
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