Suchergebnisse

The principle of distinction in armed conflicts is the corner stone of international humanitarian law, requiring that the Parties to the conflict would at all times distinguish between the civilian population and combatants and between civilian objects and military objectives. But because of the increased number of civilians and private companies participating in armed conflicts due to the global privatisation and permanent technological improvement of military equipment, the line between civilians and combatants begin to blur. In order to apply the principle of distinction to modern armed conflicts, firstly, we analysed an influence of direct participation in hostilities to the application of the principle of distinction and determined that for person who directly participates in armed conflicts the principle of distinction is no longer applicable and this person becomes a legal military target with no general protection against dangers arising from military operations. An act which is considered to be direct participation in hostilities should meet the requirements of threshold of harm, direct causation and belligerent nexus. Secondly, we studied the application of the principle of distinction to the personnel of private military and security companies in armed conflicts and determined that part of this personnel might be considered combatants and because of that become lawful military targets to whom the principle of distinction in no longer applicable. The other part of personnel should be considered as civilians and as long as they are not directly participating in hostilities the general protection against dangers arising from military operations would be granted for them. Finally, we also analysed the use of cluster munitions in armed conflicts in accordance with the principle of distinction. We determined that this weapon is inaccurate, indiscriminate, cause superfluous injury or unnecessary suffering and objects to the principle of distinction in armed conflicts.

The principle of distinction in armed conflicts is the corner stone of international humanitarian law, requiring that the Parties to the conflict would at all times distinguish between the civilian population and combatants and between civilian objects and military objectives. But because of the increased number of civilians and private companies participating in armed conflicts due to the global privatisation and permanent technological improvement of military equipment, the line between civilians and combatants begin to blur. In order to apply the principle of distinction to modern armed conflicts, firstly, we analysed an influence of direct participation in hostilities to the application of the principle of distinction and determined that for person who directly participates in armed conflicts the principle of distinction is no longer applicable and this person becomes a legal military target with no general protection against dangers arising from military operations. An act which is considered to be direct participation in hostilities should meet the requirements of threshold of harm, direct causation and belligerent nexus. Secondly, we studied the application of the principle of distinction to the personnel of private military and security companies in armed conflicts and determined that part of this personnel might be considered combatants and because of that become lawful military targets to whom the principle of distinction in no longer applicable. The other part of personnel should be considered as civilians and as long as they are not directly participating in hostilities the general protection against dangers arising from military operations would be granted for them. Finally, we also analysed the use of cluster munitions in armed conflicts in accordance with the principle of distinction. We determined that this weapon is inaccurate, indiscriminate, cause superfluous injury or unnecessary suffering and objects to the principle of distinction in armed conflicts.

Children who appears to be in the territory of armed conflict, can be divided in two large groups according to the Intenational Law. Firstly, there is children who participate in conflicts directly engaging in combat or act indirectly trough such acts as seeking and sending military information and transporting arms and munitions, they are refered in this master thesis as child soldiers. Next group is known as child civilians, who do not participate in military activities, however, they are still affected by conflict. The international law prohibits recruitment and participation in hostilities of child soldiers. Among others this prohibition brings into focus such issues: the type of participation with which international law is concerned; minimum age of recruitment and the specific situation of children who are 15 to 18 years old; whether there is effective mechanism of implementation; what is the extent of duty upon states, and many more. Also, the possibility of prosecution when the child soldiers seriously violate international criminal law is discussed. Lastly, the short study of three recent armed conflicts where the child soldiers were massively recruited is provided. International law seeks to provide child civilians with protection and care both because children are regarded as a part of the general civilian population and also because children are one of the more vulnerable groups in the population for which internation humanitarian law provides special protection and assistance. Both types of protection are disccused in the work, together, the special status of child prisoner of war is revealed. The main aim of the master thesis is to provide comprehensive study of international law concerning the child in armed conflict.

Children who appears to be in the territory of armed conflict, can be divided in two large groups according to the Intenational Law. Firstly, there is children who participate in conflicts directly engaging in combat or act indirectly trough such acts as seeking and sending military information and transporting arms and munitions, they are refered in this master thesis as child soldiers. Next group is known as child civilians, who do not participate in military activities, however, they are still affected by conflict. The international law prohibits recruitment and participation in hostilities of child soldiers. Among others this prohibition brings into focus such issues: the type of participation with which international law is concerned; minimum age of recruitment and the specific situation of children who are 15 to 18 years old; whether there is effective mechanism of implementation; what is the extent of duty upon states, and many more. Also, the possibility of prosecution when the child soldiers seriously violate international criminal law is discussed. Lastly, the short study of three recent armed conflicts where the child soldiers were massively recruited is provided. International law seeks to provide child civilians with protection and care both because children are regarded as a part of the general civilian population and also because children are one of the more vulnerable groups in the population for which internation humanitarian law provides special protection and assistance. Both types of protection are disccused in the work, together, the special status of child prisoner of war is revealed. The main aim of the master thesis is to provide comprehensive study of international law concerning the child in armed conflict.

The topic of master thesis – Legal Regulation of the Protection of Cultural Heritage during Armed Conflict. The object of research consists of comprehensive analysis of cultural property concept, by focusing on the legal protection given by international humanitarian law. Moreover, the work tackles the main questions related to cultural property protection, such as: what is the scope of the legal protection granted for the cultural property by the main international conventions? What are the most effective legal measures combating destruction of cultural objects? How do the international criminal tribunals shape the concept of criminal responsibility for all kinds of damage made to historic and archaeological monuments? The first chapter of the thesis presents concept of cultural property. This part of the paper is focused on analytical evaluation of definition established by different international conventions. Furthermore, this part provides comparative evaluation of two different attitudes towards cultural property category – cultural nationalism and cultural internationalism. Next chapter displays legal protection system dedicated to cultural property, by critically assessing general, special and enhanced protection, identifying reasons causing application of different level protection. Also, addressing situations when the legal protection may be waived. In the third chapter reference is made to the separate legal measures ensuring protection of cultural property in the event of armed conflict. This chapter analyses cultural property marking, transportation and restitution system, international institutional bodies combating all forms of cultural property destruction and international criminal tribunals as a mean to protect cultural property. All legal measures are assessed by identifying occurring practical obstacles, special attention is given to precedents of criminal tribunals. The last chapter addresses the main challenges that current legal regulation of protection of cultural property is facing. It gives overview whether the legal regime is capable of combating the evolving issue of illicit traffic of cultural property, also tackles application of international criminal responsibility to non-state actors and identifies possible reasons of current legal legislation inefficiency.

The topic of master thesis – Legal Regulation of the Protection of Cultural Heritage during Armed Conflict. The object of research consists of comprehensive analysis of cultural property concept, by focusing on the legal protection given by international humanitarian law. Moreover, the work tackles the main questions related to cultural property protection, such as: what is the scope of the legal protection granted for the cultural property by the main international conventions? What are the most effective legal measures combating destruction of cultural objects? How do the international criminal tribunals shape the concept of criminal responsibility for all kinds of damage made to historic and archaeological monuments? The first chapter of the thesis presents concept of cultural property. This part of the paper is focused on analytical evaluation of definition established by different international conventions. Furthermore, this part provides comparative evaluation of two different attitudes towards cultural property category – cultural nationalism and cultural internationalism. Next chapter displays legal protection system dedicated to cultural property, by critically assessing general, special and enhanced protection, identifying reasons causing application of different level protection. Also, addressing situations when the legal protection may be waived. In the third chapter reference is made to the separate legal measures ensuring protection of cultural property in the event of armed conflict. This chapter analyses cultural property marking, transportation and restitution system, international institutional bodies combating all forms of cultural property destruction and international criminal tribunals as a mean to protect cultural property. All legal measures are assessed by identifying occurring practical obstacles, special attention is given to precedents of criminal tribunals. The last chapter addresses the main challenges that current legal regulation of protection of cultural property is facing. It gives overview whether the legal regime is capable of combating the evolving issue of illicit traffic of cultural property, also tackles application of international criminal responsibility to non-state actors and identifies possible reasons of current legal legislation inefficiency.

The topic of master thesis – Legal Regulation of the Protection of Cultural Heritage during Armed Conflict. The object of research consists of comprehensive analysis of cultural property concept, by focusing on the legal protection given by international humanitarian law. Moreover, the work tackles the main questions related to cultural property protection, such as: what is the scope of the legal protection granted for the cultural property by the main international conventions? What are the most effective legal measures combating destruction of cultural objects? How do the international criminal tribunals shape the concept of criminal responsibility for all kinds of damage made to historic and archaeological monuments? The first chapter of the thesis presents concept of cultural property. This part of the paper is focused on analytical evaluation of definition established by different international conventions. Furthermore, this part provides comparative evaluation of two different attitudes towards cultural property category – cultural nationalism and cultural internationalism. Next chapter displays legal protection system dedicated to cultural property, by critically assessing general, special and enhanced protection, identifying reasons causing application of different level protection. Also, addressing situations when the legal protection may be waived. In the third chapter reference is made to the separate legal measures ensuring protection of cultural property in the event of armed conflict. This chapter analyses cultural property marking, transportation and restitution system, international institutional bodies combating all forms of cultural property destruction and international criminal tribunals as a mean to protect cultural property. All legal measures are assessed by identifying occurring practical obstacles, special attention is given to precedents of criminal tribunals. The last chapter addresses the main challenges that current legal regulation of protection of cultural property is facing. It gives overview whether the legal regime is capable of combating the evolving issue of illicit traffic of cultural property, also tackles application of international criminal responsibility to non-state actors and identifies possible reasons of current legal legislation inefficiency.

The topic of master thesis – Legal Regulation of the Protection of Cultural Heritage during Armed Conflict. The object of research consists of comprehensive analysis of cultural property concept, by focusing on the legal protection given by international humanitarian law. Moreover, the work tackles the main questions related to cultural property protection, such as: what is the scope of the legal protection granted for the cultural property by the main international conventions? What are the most effective legal measures combating destruction of cultural objects? How do the international criminal tribunals shape the concept of criminal responsibility for all kinds of damage made to historic and archaeological monuments? The first chapter of the thesis presents concept of cultural property. This part of the paper is focused on analytical evaluation of definition established by different international conventions. Furthermore, this part provides comparative evaluation of two different attitudes towards cultural property category – cultural nationalism and cultural internationalism. Next chapter displays legal protection system dedicated to cultural property, by critically assessing general, special and enhanced protection, identifying reasons causing application of different level protection. Also, addressing situations when the legal protection may be waived. In the third chapter reference is made to the separate legal measures ensuring protection of cultural property in the event of armed conflict. This chapter analyses cultural property marking, transportation and restitution system, international institutional bodies combating all forms of cultural property destruction and international criminal tribunals as a mean to protect cultural property. All legal measures are assessed by identifying occurring practical obstacles, special attention is given to precedents of criminal tribunals. The last chapter addresses the main challenges that current legal regulation of protection of cultural property is facing. It gives overview whether the legal regime is capable of combating the evolving issue of illicit traffic of cultural property, also tackles application of international criminal responsibility to non-state actors and identifies possible reasons of current legal legislation inefficiency.

Armed drone is a military technology that is being used not only for surveillance but also in combat operations. In some military operations the distinctive technological features of drones offer an advantage compared to manned aircraft. Most of the military operations which are conducted by drones fall under Protocol Additional to the Geneva Conventions of 12 August 1949 and Relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II). The use of military drones in non-international armed conflicts causes many legal problems in the international humanitarian law, concerning the protection of civilians. Nevertheless, armed drones are legal under international humanitarian law. The most relevant principles of international humanitarian law concerning the use of armed drones are distinction and proportionality. These principles can be fulfilled more effectively by drone operators because of the advanced technology of drones. However, the use of armed drones in real life operations usually violate the international humanitarian law and its core principles. Thus, existing regulation cannot protect the lives of civilians. Additional regulation of armed drones at the UN level could create international legal mechanism which would protect the civilians. However, the current political situation, as well as the difficult decision-making procedures at the UN institutions, suggest that future legal regulation is not likely to be enacted anytime soon.

Armed drone is a military technology that is being used not only for surveillance but also in combat operations. In some military operations the distinctive technological features of drones offer an advantage compared to manned aircraft. Most of the military operations which are conducted by drones fall under Protocol Additional to the Geneva Conventions of 12 August 1949 and Relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II). The use of military drones in non-international armed conflicts causes many legal problems in the international humanitarian law, concerning the protection of civilians. Nevertheless, armed drones are legal under international humanitarian law. The most relevant principles of international humanitarian law concerning the use of armed drones are distinction and proportionality. These principles can be fulfilled more effectively by drone operators because of the advanced technology of drones. However, the use of armed drones in real life operations usually violate the international humanitarian law and its core principles. Thus, existing regulation cannot protect the lives of civilians. Additional regulation of armed drones at the UN level could create international legal mechanism which would protect the civilians. However, the current political situation, as well as the difficult decision-making procedures at the UN institutions, suggest that future legal regulation is not likely to be enacted anytime soon.

Armed drone is a military technology that is being used not only for surveillance but also in combat operations. In some military operations the distinctive technological features of drones offer an advantage compared to manned aircraft. Most of the military operations which are conducted by drones fall under Protocol Additional to the Geneva Conventions of 12 August 1949 and Relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II). The use of military drones in non-international armed conflicts causes many legal problems in the international humanitarian law, concerning the protection of civilians. Nevertheless, armed drones are legal under international humanitarian law. The most relevant principles of international humanitarian law concerning the use of armed drones are distinction and proportionality. These principles can be fulfilled more effectively by drone operators because of the advanced technology of drones. However, the use of armed drones in real life operations usually violate the international humanitarian law and its core principles. Thus, existing regulation cannot protect the lives of civilians. Additional regulation of armed drones at the UN level could create international legal mechanism which would protect the civilians. However, the current political situation, as well as the difficult decision-making procedures at the UN institutions, suggest that future legal regulation is not likely to be enacted anytime soon.

Armed drone is a military technology that is being used not only for surveillance but also in combat operations. In some military operations the distinctive technological features of drones offer an advantage compared to manned aircraft. Most of the military operations which are conducted by drones fall under Protocol Additional to the Geneva Conventions of 12 August 1949 and Relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II). The use of military drones in non-international armed conflicts causes many legal problems in the international humanitarian law, concerning the protection of civilians. Nevertheless, armed drones are legal under international humanitarian law. The most relevant principles of international humanitarian law concerning the use of armed drones are distinction and proportionality. These principles can be fulfilled more effectively by drone operators because of the advanced technology of drones. However, the use of armed drones in real life operations usually violate the international humanitarian law and its core principles. Thus, existing regulation cannot protect the lives of civilians. Additional regulation of armed drones at the UN level could create international legal mechanism which would protect the civilians. However, the current political situation, as well as the difficult decision-making procedures at the UN institutions, suggest that future legal regulation is not likely to be enacted anytime soon.

In the last decade the fight against terrorism was carried out not only by measures indicated in national criminal procedure laws or international treaties outlining measures in the fight against terrorism, but also using military forces and carrying out military measures. Thus the dissertation aims to establish when and to what extent is the international humanitarian law (hereinafter – IHL) applied in the fight against terrorism, that is, to analyze in what cases the fight against terrorism amounts to armed conflict, what is the status of terrorists taking part in the armed conflict according to IHL, and to evaluate in the light of IHL principles and rules the specific measures taken against terrorists. Firstly the dissertation analyses the question of the definition of terrorism and proposes a possible definition of this phenomenon. Further on the dissertation analyzes the instances when the IHL rules are applied in the fight against terrorism, that is, when such situation amounts to an armed conflict, and evaluates the main criteria of armed conflict – intensity and organization – and their application in the fight against terrorism. The dissertation also explores the questions of the status of terrorists taking part in an armed conflict, distinguishing those taking part in international and non-international armed conflicts, and exploring the criteria for the direct participation in hostilities for such persons. Finally, the dissertation analyzes the specific measure of fight against terrorists – that is, targeted killings, especially by the means of unmanned airplanes, in the context of the norms and principles of IHL.

In the last decade the fight against terrorism was carried out not only by measures indicated in national criminal procedure laws or international treaties outlining measures in the fight against terrorism, but also using military forces and carrying out military measures. Thus the dissertation aims to establish when and to what extent is the international humanitarian law (hereinafter – IHL) applied in the fight against terrorism, that is, to analyze in what cases the fight against terrorism amounts to armed conflict, what is the status of terrorists taking part in the armed conflict according to IHL, and to evaluate in the light of IHL principles and rules the specific measures taken against terrorists. Firstly the dissertation analyses the question of the definition of terrorism and proposes a possible definition of this phenomenon. Further on the dissertation analyzes the instances when the IHL rules are applied in the fight against terrorism, that is, when such situation amounts to an armed conflict, and evaluates the main criteria of armed conflict – intensity and organization – and their application in the fight against terrorism. The dissertation also explores the questions of the status of terrorists taking part in an armed conflict, distinguishing those taking part in international and non-international armed conflicts, and exploring the criteria for the direct participation in hostilities for such persons. Finally, the dissertation analyzes the specific measure of fight against terrorists – that is, targeted killings, especially by the means of unmanned airplanes, in the context of the norms and principles of IHL.

In the last decade the fight against terrorism was carried out not only by measures indicated in national criminal procedure laws or international treaties outlining measures in the fight against terrorism, but also using military forces and carrying out military measures. Thus the dissertation aims to establish when and to what extent is the international humanitarian law (hereinafter – IHL) applied in the fight against terrorism, that is, to analyze in what cases the fight against terrorism amounts to armed conflict, what is the status of terrorists taking part in the armed conflict according to IHL, and to evaluate in the light of IHL principles and rules the specific measures taken against terrorists. Firstly the dissertation analyses the question of the definition of terrorism and proposes a possible definition of this phenomenon. Further on the dissertation analyzes the instances when the IHL rules are applied in the fight against terrorism, that is, when such situation amounts to an armed conflict, and evaluates the main criteria of armed conflict – intensity and organization – and their application in the fight against terrorism. The dissertation also explores the questions of the status of terrorists taking part in an armed conflict, distinguishing those taking part in international and non-international armed conflicts, and exploring the criteria for the direct participation in hostilities for such persons. Finally, the dissertation analyzes the specific measure of fight against terrorists – that is, targeted killings, especially by the means of unmanned airplanes, in the context of the norms and principles of IHL.