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The practice of so-called diplomatic guarantees in recent international law
Kaštyl, Miroslav
;
Honusková, Věra
(advisor) ;
Scheu, Harald Christian
(referee)
The practice of so-called diplomatic guarantees in recent international law The aim of this thesis is to analyze the practice of so-called diplomatic assurances (guarantees) in contemporary international law and its possible impact on existing obligations of States related to the protection of human rights, especially in relation to the ban on torture. Diplomatic assurances enable a transfer of an individual from one State to another. They include an undertaking of the State receiving an individual that he or she will be treated in accordance with the conditions set by the sending State, i.e. generally in accordance with the human rights obligations. However, it has recently received a great deal of public attention due to a number of suspicious returns of alleged terror suspects into the countries with poor human rights record including a record of torture. Consequently, the opinion criticizing the reliance on diplomatic assurances evolved describing diplomatic assurances as a tool how to circumvent current obligations of States under international human rights law. First part of this thesis provides a general overview of diplomatic assurances, their history, what are the advantages and disadvantages of diplomatic assurances and whether diplomatic assurances could be considered as treaties under...
Detailed record
Extraordinary Renditions and Human Rights
Švepeš, Petr
;
Faix, Martin
(advisor) ;
Bílková, Veronika
(referee)
1 Abstract Extraordinary Renditions and Human Rights Ing. Petr Švepeš The topic of this thesis is Extraordinary Rendition as the phenomenon of contemporary counter- terrorism strategies and its critical reflection in light of International Human Rights Law. Extraordinary Rendition represents a controversial method of obtaining intelligence information about terrorist activities carried out worldwide by the CIA. This method is based on the identification of terrorist suspects who might know valuable intelligence, followed by their tracing and subsequent kidnapping with direct assistance or connivance of the state in whose territory that person is located. Kidnapped persons are secretly transported by private jets via the "global spider's web" to a selected country which practices advanced interrogation techniques using various methods of torture. In this country the persons are incommunicado imprisoned and interrogated by local authorities. Extracted intelligence information is then passed on to the CIA and the suspects in this country are either criminally charged and indicted, further imprisoned without formal charges or simply "disappear." The main objective of this thesis is to present a detailed human rights analysis of Extraordinary Rendition and to identify potential violations of binding norms of...
Detailed record
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