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Provisional measures in international human rights law
Zaydlar Hodysová, Petra ; Faix, Martin (advisor) ; Lipovský, Milan (referee)
Provisional Measures in International Human Rights Law Abstract Whenever human rights are at stake there should be quick response of the authority dealing with the situation. Provisional measures can therefore be useful tool how to prevent irreparable harm. The aim of my rigorous thesis is to complement my diploma thesis and to analyse provisional measures indicated by various human rights adjudicators from different continents. Main focus is put on legal provisions empowering international courts and quasi- judicial organs to indicate provisional measures, examining whether provisional measures are legally binding, exploring the extent to which international forums indicate provisional measures, highlighting some specific types of provisional measures and examining whether we can answer the question whether addressees do implement issued provisional measures in proper manner. The approach is description with elements of comparison. The thesis is composed of six chapters. Chapter one is introductory and defines the concept of provisional measures and its main characteristics and conditions for use. Chapters two to five are dealing with various courts and quasi-judicial organs on the universal level and in Europe, Africa and the Americas. Chapter two is subdivided into two parts. Part one examines...
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The Status of Child Soldiers in International Refugee Law
Homolová, Veronika ; Honusková, Věra (advisor) ; Faix, Martin (referee)
in English - The Status of Child Soldiers in International Refugee Law The main aim of this thesis is to investigate to what extent the international refugee law protects children who flee from armed forces recruitment. The chosen problem was solved using the question whether it is possible to grant a refugee status according to the 1951 Refugee Convention, or a status complementing the refugee status according to regional regulatory instruments, to a child who flees from armed forces recruitment. The conception of the refugee status was divided into constituent elements and it was considered whether children who flee from recruitment into armed forces and former child soldiers comply with attributes of these elements. The first examined element is the inclusion clause. In this part, the thesis examined the following questions: Is recruitment of children into armed forces and their use in hostilities a form of persecution? Can such children be considered a particular social group? Can rejection of participation in armed forces by such children be considered holding a political opinion? Is there a causal link between persecution and membership to a particular social group or between persecution and holding a political opinion in the context of children who flee from recruitment into armed forces?...
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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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The Status of Child Soldiers in International Refugee Law
Homolová, Veronika ; Honusková, Věra (advisor) ; Faix, Martin (referee)
in English - The Status of Child Soldiers in International Refugee Law The main aim of this thesis is to investigate to what extent the international refugee law protects children who flee from armed forces recruitment. The chosen problem was solved using the question whether it is possible to grant a refugee status according to the 1951 Refugee Convention, or a status complementing the refugee status according to regional regulatory instruments, to a child who flees from armed forces recruitment. The conception of the refugee status was divided into constituent elements and it was considered whether children who flee from recruitment into armed forces and former child soldiers comply with attributes of these elements. The first examined element is the inclusion clause. In this part, the thesis examined the following questions: Is recruitment of children into armed forces and their use in hostilities a form of persecution? Can such children be considered a particular social group? Can rejection of participation in armed forces by such children be considered holding a political opinion? Is there a causal link between persecution and membership to a particular social group or between persecution and holding a political opinion in the context of children who flee from recruitment into armed forces?...
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Responsibility of a State in International Public Law
Botlóová, Kristína ; Faix, Martin (referee)
Responsibility of a State in International Public Law Abstract The thesis deals with the history of the responsibility of states in international law, it describes the actions of the UN Security Council in this area. The thesis also focuses on the rules of the existence of international responsibility and their implementation. It describes the relationship between the contractual law and the law of state responsibility, the circumstances excluding wrongfulness, namely vis maior, distress, justification, excuse, error. The thesis also explores the overstepping of competence and the relation of this institute to the responsibility of states in international law. The works of the UN International Law Comission in the area of the responsibility of states for other than unlawful conduct are also among the topics of the thesis. Other phenomena described in this paper are reparation, compensation and responsibility of states in the international law in the context of conduct of individual persons. We also present an overview of the legal frame of the state responsibility and the migrant smuggling, law of responsibility at the open sea, space law and responsibility of states and intelligence gathering. An important insight is dedicated to the question of the state succession into the responsibility for...
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The Enforceability of Decisions and Compliance with Judgments of the Inter-American Court of Human Rights
Mezenský, Martin ; Faix, Martin (referee)
The Enforceability of Decisions and Compliance with Judgments of the Inter- American Court of Human Rights (Mgr. Martin Mezenský) Abstract The diploma thesis explores the enforcement mechanisms and compliance with decisions of the Inter- American Court of Human Rights. It defines both normative and institutional base of the tribunal and discusses the types of issued decisions. It analyses the compliance process and means of enforcement of such decisions. It is focused on the success of and obstacles in the implementation of ordered obligations by the liable states as well as the binding nature of judgements against states which have not been a party of dispute. It compares the position of the Inter-American Court of Human Rights with the European Court of Human Rights regarding these topics. Eventually, it evaluates the researched processes and offers recommendations how to reinforce the actual mechanisms. Key words Inter-American Court of Human Rights; Enforceability; Compliance; Decision; Judgements; Human Rights Protection; American Convention on Human Rights
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Sexual Exploitation and Abuse by UN Peacekeepers
Králik, Ján ; Faix, Martin (referee)
The thesis provides legal analysis of sexual exploitation and abuse by UN peacekeepers with particular focus on military members of national peacekeeping contingents. It provides brief survey of peacekeeping operations thereby underlying their importance in the contemporary activities of the UN and describing factors that have caused or might led to sexual exploitation and abuse by UN peacekeepers. Furthermore, UN action towards those acts is described and it is also evaluated whether such steps are successful, sufficient and whether more could have been done or what more can be done in the future. A part is also dedicated to international humanitarian law perspective and international human rights law. In this context, the author tries to answer the question if and when the sexual exploitation and abuse by members of national peacekeeping contingents while deployed to a UN peacekeeping mission may constitute war crimes or crimes against humanity and whether there is a role to play by International Criminal Court. In the same vein, issues of extraterritorial application of human rights treaties are discussed. The question of international responsibility is the central topic of this thesis. Apart from individual responsibility of members of national peacekeeping contingents for acts of sexual...
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Maintaining the peace and security by regional arrangements in Africa (focusing on peace-keeping operations)
Fencl, Ivan ; Faix, Martin (advisor) ; Beránek, Milan (referee)
Maintaining the peace and security by regional arrangements in Africa (focusing on peace-keeping operations) Abstract The present thesis focuses on the issue of peace-keeping operations maintained by the regional and sub-regional organizations in Africa, namely African Union and ECOWAS. The main statement of the thesis is the following: The United Nations is unable to react effectively to threats to international peace and security, especially in cases of mass violations of human rights in intrastate conflicts, that have severe impact on particular region including refugee crisis or spreading the conflict to other states of the region. In the thesis, particular instruments of the above-mentioned international organizations, that create the framework for operations for maintaining peace and security in the region, are described. Attention is also paid to the relevant bodies of the African union and ECOWAS such as Peace and security council of the AU or African standby force. The thesis elaborates on problematic or controversial issues from international law perspective. In the first place, the concept of humanitarian intervention and related concept of responsibility to protect is underlined. It is demonstrated that African Union and ECOWAS have significant contribution to these concepts when implementing...
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Crimes under international law in the Rome Statute of the ICC and their prosecution
Huječek, Roman ; Lipovský, Milan (advisor) ; Faix, Martin (referee)
Crimes under International Law in the Rome Statute of the ICC and Their Prosecution Abstract This diploma thesis deals with crimes under international law in the Rome Statute of the International Criminal Court and their prosecution, with a special focus on the issues of applicability of senior state officials' international immunity when it comes down to the proceedings before this court. The first part of the thesis outlines the meaning of the term crimes under international law and explains the difference between this term and the terms international crimes and transnational crimes. Next, the prosecution of these crimes under international law is set within its historical context with a special focus on the period after the start of World War I. The second part discusses the International Criminal Court's jurisdiction and, mainly, each individual crime under international law and its definition in the Rome Statute. The second part ends with a chapter concerning mental elements of these crimes and particularly the institute of command responsibility. The third part describes the procedural provisions of the Rome Statute and it guides the reader all the way from the initiation of the proceedings to the enforcement of the court's decision. The third section also offers several practical examples regarding...
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International mediation as a tool for ethnic conflict resolution in Africa
Láníková, Hana ; Tymofeyeva, Alla (advisor) ; Faix, Martin (referee)
This diploma thesis deals with mediation as an instrument for ethnic conflict resolution in Africa. The author determined the feasibility and effectiveness of mediation as a tool for solving the ethnic conflict in Africa as the research topic of this thesis. The aim of the diploma thesis is to provide an evaluation of the current international legal regulation of mediation, of its sufficiency and integrity. Furthermore, the author aims to provide a comprehensive and complex view of the use of mediation in ethnic conflict resolution in Africa through an interdisciplinary analysis of the academic literature, both from Czech and foreign sources. The author sees her personal contribution by writing this thesis in the fact that in the Czech Republic the issue of mediation as a tool for ethnic conflict resolution has not been systematically researched yet. This diploma thesis is divided into four chapters, which are further subdivided into subchapters. The introductory chapter of this thesis describes a theoretical introduction to the issue of ethnicity and its legal regulation. Furthermore, the author deals with the origins of ethnic conflicts. The second chapter deals with the legal framework for international settlement of conflicts. This chapter also discusses in detail the various possible ways of...
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