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The Question of Legality of the Threat or Use of Nuclear Weapons in the Context of the War in Ukraine
Vetýšková, Eliška ; Ondřej, Jan (advisor) ; Tymofeyeva, Alla (referee)
1 The Question of Legality of the Threat or Use of Nuclear Weapons in the Context of the War in Ukraine Abstract This thesis aims to examine the legality of the threat or use of nuclear weapons by applying sources of the international public law. This is achieved by means of using analytical and comparative methods. The key sources analysed in this thesis are general principles related to the law of international security, permissible use of force (ius ad bellum), and the principle of the law of armed conflicts (ius in bello). The main document opining on the legality of nuclear weapons is the "Advisory Opinion of the ICJ on the Legality of the Use of Nuclear Weapons". The legality of the threat or use of nuclear weapons is inextricably linked to the general prohibition of the use or threat of force against the territorial integrity and/or political independence of states, established in the UN Charter. Taking the UN Charter into consideration, the use and even the threat of use of nuclear weapons may potentially be considered as a violation of the public international law. From the in ius ad bellum perspective, there is no common rule that prohibits the use of nuclear weapons. The possibility of any such rule being established is directly eliminated by the principle of nuclear deterrence. From the ius in...
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Meaningful Human Control in Autonomous Weapons
Rešlová, Petra ; Lipovský, Milan (referee)
Meaningful Human Control in Autonomous Weapons ABSTRACT The research on autonomy in robotic systems is flourishing in many areas, but none is deemed as troubling as the development of lethal autonomous weapon systems (LAWS). It raises various compelling questions, legal and ethical ones. Discussions on the potential challenges posed by these emerging technologies highlighted the desirability of a certain level of human control. The notion of meaningful human control (MHC) over LAWS has gained widespread support. However, the principle itself and its requirements are yet to be defined. To this end, this paper analyses the emerging principle of MHC and explores its elements. It aims to clarify questions such as where the principle stems from and how it should be perceived and integrated into State practice. First, the definition and categorisation of LAWS are shortly addressed to provide an introduction to the topic. Second, it is argued that it is necessary to insist on the requirement of MHC, particularly because of technological limitations of current and future technology, such as object recognition and classification, bias, or unpredictability. The arguments stemming from the rules of international humanitarian law (IHL) on the conduct of hostilities are explored, mainly the rules of distinction,...
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Meaningful Human Control in Autonomous Weapons
Rešlová, Petra ; Sassòli, Marco (advisor) ; Bílková, Veronika (referee)
Meaningful Human Control in Autonomous Weapons ABSTRACT The research on autonomy in robotic systems is flourishing in many areas, but none is deemed as troubling as the development of lethal autonomous weapon systems (LAWS). It raises various compelling questions, legal and ethical ones. Discussions on the potential challenges posed by these emerging technologies highlighted the desirability of a certain level of human control. The notion of meaningful human control (MHC) over LAWS has gained widespread support. However, the principle itself and its requirements are yet to be defined. To this end, this paper analyses the emerging principle of MHC and explores its elements. It aims to clarify questions such as where the principle stems from and how it should be perceived and integrated into State practice. First, the definition and categorisation of LAWS are shortly addressed to provide an introduction to the topic. Second, it is argued that it is necessary to insist on the requirement of MHC, particularly because of technological limitations of current and future technology, such as object recognition and classification, bias, or unpredictability. The arguments stemming from the rules of international humanitarian law (IHL) on the conduct of hostilities are explored, mainly the rules of distinction,...
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Noncompliance with International Norms - The Geneva Conventions of 1949 and the Vietnam War
Kunovská, Kristýna ; Pulgret, Miroslav (advisor) ; Karlas, Jan (referee)
This thesis addresses the issue of non-compliance with international norms, namely the Geneva Conventions of 1949, in the context of the Vietnam War. It inquires into why parties to the conflict did not abide by these international norms. Non-compliance is discussed here from three perspectives: the state level, the communal level, and the structural level. I argue that at each of these levels, an environment for non-compliance was created, in connection with factors such as ambiguity in treaty language, unwillingness to respect the rules, inadequate reaction from the international community, and insufficient means to enforce the norms
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The definition of terrorism in international law
Sváková, Kristýna ; Bílková, Veronika (advisor) ; Šturma, Pavel (referee)
The definition of terrorism in international law The subject of this graduation thesis is to explore problem of defining terrorism in international law. Although it is very broad topic, the thesis has attempted to explore most of the questions this issue has offered. First of all, it examines reasones why define terrorism in international law. Further this study provides information about perception of the term terrorism in the past depending on the political and social conditions and about how the terrorist attacks influenced the effort to find the definition of terrorism. The thesis pays big attention to regional treaty in which terrorism is defined and uses it as a comparison basis for finding the elements of the definition, since regional international treaty law has achieved the biggest success in this area. However, in the last two decades successes have achieved on universal level, especially by the adoption of the International Convention for the Suppression of Financing of Terrorism, which is the first universal agreement binding defines terrorism. This study also introduces the latest development of efforts to create a Comprehensive Convention on the Suppression of International Terrorism, which is, unfortunately, no more than small. Given the decades-long efforts to define terrorism, the...
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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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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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Application of the international law of occupation in situations of a long-term occupation
Janíková, Tereza ; Bílková, Veronika (advisor) ; Faix, Martin (referee)
Application of the international law of occupation in situations of a long-term occupation Abstract The topic of the master thesis is an analysis of the application of the international law of occupation in a situation of a long-term occupation, i.e. an occupation which spreads over years or decades. The aim of the thesis is to critically assess whether the current legal framework, i.e. the law of occupation as a part of the international humanitarian law, corresponds to the specific conditions of a long-term occupation, with regard to fulfilling the objectives of international humanitarian law and international human rights law, or not. The first part anchors the law of occupation within the legal framework, i.e. within international humanitarian law, introduces the concept of occupation and long-term occupation and outlines the responsibilities of the occupation power under the law of occupation. One chapter focuses specifically on the role of international human rights law in the armed conflicts. The core of the thesis identifies the challenges the international law of occupation is currently facing. The assessment shows that the occupation law does not reflect the specific circumstances and conditions of a long-term occupation, especially with respect to the needs of occupied population, and does not...
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Detention Facilities for Immigrants in the United States of America in the Context of Compliance with Basic Human Rights
Kubíčková, Veronika ; Kozák, Kryštof (advisor) ; Szobi, Pavel (referee)
Immigration is a topic that plays an important role in American society, it manages to capture both the general public as well as the political world. Especially in the United States of America, it is a very complex issue that affects a large number of sectors which is why a specific area has been selected for this thesis in order to narrow the researched field and provide detailed information. The thesis seeks to analyze the situation in immigration detention facilities throughout the U.S. with regard to basic human rights violations. For this reason, the thesis focuses on international humanitarian law and the Constitution of the United States, which should protect both legal and illegal immigrants, however, their non-compliance is one of the main points interconnecting all chapters of this paper. Due to the availability of resources and greater relevance this paper focuses on the situation of the last 15 years (namely from 2008 onwards) and attaches great importance to the final 3-4 years and the administration of Donald Trump. The thesis finds repeated and long-term violations of domestic and international law concerning human rights as well as the rights of asylum seekers and shows wrongful criminalization and dehumanization of immigrants (documented and undocumented). Furthermore, the thesis...
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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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