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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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Pomoc bez hranic? Humanitární asistence v rámci mezinárodního humanitárního práva
Ošťádalová, Šárka ; Honusková, Věra (referee)
(English) The thesis focuses on the issue of humanitarian assistance under international humanitarian law. The topic was chosen based on the personal interest of the author of the thesis and also based on the fact that it is a current and very discussed issue. The thesis is concerned with the legal sources governing the concept of humanitarian assistance. It also focuses on the history of the concept paying special attention to its modern development and to the principles on which it is based. Individual chapter is dedicated to the issue of providers and beneficiaries of humanitarian assistance. Special attention is also given to the issue of consent with the facilitation of humanitarian assistance, whether it is necessary to sough such a consent and from whom. Significant part of the thesis focuses on the facilitation and distribution of humanitarian assistance and the obligations of the third states. The first chapter of the thesis is dedicated to the introduction, definition of the term "humanitarian assistance", aims and goals of the thesis, and also to the methods and sources. The second chapter focuses in a great detail on legal sources relevant to the thesis. First, it pays attention to the treaty law. Thus, it describes the relevant provisions of the Geneva Convention IV, the Additional...
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Legal status of prisoners of war
Zástěrová, Anna ; Bílková, Veronika (advisor) ; Ondřej, Jan (referee)
1 Abstract Legal Status of Prisoners of War The thesis "Legal Status of Prisoners of War" deals with the issue of war captivity in the context of international humanitarian law (also referred to as "IHL"), or more precisely in the context of the Law of Geneva. In the field of war captivity, both IHL legislation and a number of other international legal branches (e.g. general international law, international criminal law, or international human rights law) are confronted. The thesis pursues two objectives: descriptive and analytical. The descriptive aim is to give a comprehensive overview of the development of the legal regime of war captivity and to familiarize readers with the legal regime of war captivity and the treatment of prisoners of war (also referred to as "POW"), according to the valid sources of international humanitarian law. The analytical aim of the thesis is to find the answer to the research question, who is the combatant, or more precisely who is entitled to the POW status after falling into the enemy's power? The thesis consists of the introduction, which are divided into three parts, and the conclusion. The introduction presents the theme of the thesis, pursued objectives including the research question and outlines the structure of the text itself. The first part of the thesis introduces...
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Guantánamo: have all international legal questions been answered?
Smržová, Sabina ; Trávníčková, Zuzana (advisor) ; Burešová, Jana (referee)
Through tragic events of September 11, 2001, the United States has adopted unprecedented measures regarding the treatment and detention of captured terrorists. The thesis deals with international legal questions associated with operation of detention centre Guantánamo Bay, Cuba. The main aim is to find out how have these questions been answered by examining academic writings and provisions of international law, in particular provisions of International humanitarian law and International human rights law. As a historical introduction, this thesis starts with a brief overview of the history of Guantánamo Bay. The second part focuses on four topics: the definition of conflict, status of detainees, indefinite detention and torture and enhanced interrogation techniques. Each of the topics is being viewed through the lenses of international law as well as US domestic law while describing the development of the problem and current situation.
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Adherence to humanitarian law in asymmetric conflicts Israel/Palestine and Morocco/Western Sahara
Gráfová, Tereza ; Karásek, Tomáš (advisor) ; Lipovský, Milan (referee)
práce je analyzovat dodržování základních pravidel mezinárodního Hlavní výzkumná otázka zní: "Inklinuje slabší či silnější těchto konfliktů k porušování povinností MHP více než ta druhá?" Hypotéza stanoví, že se slabší strany uchylují k porušování pravidel MHP více než jejich silnější protivníci. zpracována metodou komparativní případové studie ilně vyložena a operacionalizována na zkoumané případy aplikovatelná pravidla MHP. Těmi jsou společný článek 3 Ženevských úmluv, zásada vojenské nutnosti, zásada rozlišování, zásada proporcionality a zásada zakazující zbytečné útrapy. Následně je na základě údajů uvedených mezinárodních databázích ozbrojených konfliktů a rovněž informací získaných z odborných publikací proveden rozbor dodržování aplikovatelných norem MHP. Tento odhalil, že se porušování základních pravidel dopouštěly všechny strany zvolených konfliktů. Nebylo tak prokázáno, že by se slabší či silnější strany dopouštěly porušování více než jejich protivníci, čímž byla původní hypotéza vyvrácena. Bylo také zjištěno, že ačkoli byla v konfliktu stranami do jisté míry porušována stejná pravidla MHP, dělo se tak odlišným západosaharském konfliktu byla oběma stranami porušována stejná pravidla, a to jednáním totožným.
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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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Help Without Borders? Humanitarian Assistance under International Humanitarian Law
Ošťádalová, Šárka ; Bílková, Veronika (advisor) ; Faix, Martin (referee)
(English) The thesis focuses on the issue of humanitarian assistance under international humanitarian law. The topic was chosen based on the personal interest of the author of the thesis and also based on the fact that it is a current and very discussed issue. The thesis is concerned with the legal sources governing the concept of humanitarian assistance. It also focuses on the history of the concept paying special attention to its modern development and to the principles on which it is based. Individual chapter is dedicated to the issue of providers and beneficiaries of humanitarian assistance. Special attention is also given to the issue of consent with the facilitation of humanitarian assistance, whether it is necessary to sough such a consent and from whom. Significant part of the thesis focuses on the facilitation and distribution of humanitarian assistance and the obligations of the third states. The first chapter of the thesis is dedicated to the introduction, definition of the term "humanitarian assistance", aims and goals of the thesis, and also to the methods and sources. The second chapter focuses in a great detail on legal sources relevant to the thesis. First, it pays attention to the treaty law. Thus, it describes the relevant provisions of the Geneva Convention IV, the Additional...
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A child in an armed conflict in the light of Art. 38 of the Convention on the Rights of the Child
Kučerová, Kateřina ; Balaš, Vladimír (advisor) ; Ondřej, Jan (referee)
A Child in an Armed Conflict in the Light of Article 38 of the Convention on the Rights of the Child The thesis aims to transparently elaborate the topic of protection of children in armed conflicts pursuant to the Article 38 of the Convention on the Rights of the Child as well as identification of the main problems associated with the topic and efforts to suggest their solutions. The thesis also focuses on monitoring and enforcement mechanism of individual international instruments. The body of the thesis is divided into four parts, each of several chapters. The first part of the thesis deals with the development of protection of children in armed conflicts until the adoption of the Convention on the Rights of the Child, and relevant international law documents on the protection of children in armed conflicts. The first part also includes a chapter with the identification of the main problems associated with the protection of children. Second part of the thesis concentrates on the analysis of various instruments of international law regarding the protection of children, that is, of course, the Convention on the Rights of the Child and its Optional Protocols, and following documents regarding protection of children based on this Convention, i.e. The Convention of the International Labour Organization...
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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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