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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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