International Law Reflections

20.03.2017 | Veronika Bílková
Když se dva perou, třetí je soudí – Ukrajina a Ruská federace u Mezinárodního soudního dvora
Ve dnech 6.–9. března 2017 proběhlo u Mezinárodního soudního dvora (MSD) v Haagu první slyšení ve sporu mezi Ukrajinou a Ruskou federací. Slyšení se zatím netýkalo jádra sporu, ale jen žádosti Ukrajiny o vydání prozatímních opatření podle článku 41 Statutu MSD. Na rozhodnutí Soudu si ještě nějaký čas počkáme, již nyní ale stojí za to stručně shrnout, čeho se případ týká, a zamyslet se nad tím, nakolik má Ukrajina šanci v něm uspět.
07.03.2017 | Tamás Lattmann
All’s wrong that starts wrong – withdrawals from the International Criminal Court
The Hague-based International Criminal Court, the world’s first temporary judicial forum, created in 1998 by the adoption of the Rome Statute, has been living difficult times during the past months. After years of struggle since its operations have started in 2002, the second half of 2016 has brought withdrawals, threats for withdrawals, and even a visibly collective strategy for a mass withdrawal of African states from the system. What keeps states in a similar structure, what makes them seriously consider a withdrawal, and what is the possible future of the International Criminal Court (ICC)?
08.12.2016 | Miroslav Tůma
Can the Necessary International Legal Framework to Achieve a Nuclear-WeaponFree World Be Reached?
The answer to this question can, to a certain extent, be found in the significant resolution of the First Committee (Disarmament and International Security Committee), which was approved within the framework of the 71st Session of the UN General Assembly at the end of October this year. The title of Resolution A/C.1/71/L.41 calls for progress in multilateral negotiations (Taking Forward Multilateral Nuclear Disarmament Negotiations). Its significance, and we could also say its historically unprecedented character, lies in Article 8 of the operative part, which contains the decision …to convene in 2017 a United Nations conference to negotiate a legally binding instrument to prohibit nuclear weapons, leading towards their total elimination. The conference should take place in New York during two time periods (from 27 to 31 March and from 15 June to July 7) with the participation of UN member states, unspecified international organizations and civil society representatives. The mentioned article was added to the resolution based on a recommendation of the conclusion report of the Open-ended Working Group (OEWG), which held talks in Geneva during the first half of 2016 on the evaluation of new legal measures and necessary norms to attain a nuclear-weapon-free world. To demonstrate their disagreement with the OEWG mandate, none of the nuclear-weapon states participated in the negotiations. Any disagreements were thus presented by representatives of allied or partner countries of the nuclear-weapon states (as the nuclear-weapon states provided the allied or partner countries with a so-called nuclear umbrella) which were taking part in the talks.
11.10.2016 | Veronika Bílková
No Revolution Has Taken Place: The Post-2015 Human Rights Foreign Policy of the Czech Republic
In 2015, two new conceptual documents were adopted in the Czech Republic, under the Government of Bohuslav Sobotka – the general Concept of the Czech Republic´s Foreign Policy (available in English here) and a more specific Concept of Human Rights Promotion and Transition Cooperation (available in Czech here). The former document replaced an older text entitled Conceptual Basis of the Foreign Policy of the Czech Republic (available in English here) which had been adopted in 2011 by the Government of Petr Nečas. The latter document builds on the 2010 Concept of Transition Policy but it is broader in scope, covering not only transition policy/cooperation but also human rights promotion.
05.10.2016 | Tamás Lattmann
Referendum on the refugee quotas in Hungary – protection of sovereignty or much ado about nothing?
The migration crisis has stirred up political debates within the EU and its member states regarding not only possible solutions, but also about the future of the organisation. The first shock has come in the form of the Brexit referendum, the second one could have been the referendum in Hungary “against the quota system”, as the initiating government has calculated. The current analysis gives information about the referendum, and examines its possible effects in the near future.
22.07.2016 | Veronika Bílková
When the Gloves Go Off? Turkey Intends to Suspend the European Convention on Human Rights
Could the state of emergency and the suspension of the ECHR justify the measures which have been adopted in Turkey in the past days (removal of public servants and teachers, purge in the judiciary, ban on academic travel, etc.)? With the ECHR suspended, are the (legal) gloves off in Turkey? Can the government use just any means it finds appropriate to suppress those segments of society in which it sees a threat? This reflection shows that all these questions have to be answered in the negative. It gives more details on the topic discussed in ILR#5.
22.07.2016 | Tamás Lattmann
Derogation from the European Convention on Human Rights by Turkey after the attempted coup
After the unsuccessful coup attempt in Turkey, high-level officials,including the president have constantly talked about the necessity of the introduction of a state of emergency, which has been declared on 20th July. At the same time, the president has also mentioned the “suspension” of the European Convention on Human Rights. What does this exactly mean, what are the effects and consequences of this step?
20.07.2016 | Tamás Lattmann
Reinstating the death penalty in Turkey after the attempted coup?
After the unsuccessful coup attempt in Turkey, both high-level officials and the pro-government public suggest the reinstatement of the death penalty. Unfortunately the question tends to re-surface from time to time in other states as well, but rarely with such political weight. It is important to evaluate the possibility of this step.
03.06.2016 | Tamás Lattmann
The case against Russia for the attack on flight MH17
According to the news, a new legal proceeding has been initiated against Russia and its president Vladimir Putin for the downing of the Malaysia Airlines flight MH17 in the airspace of Ukraine on 17 July 2014. The present analysis by Tamás Lattmann examines the outlines of the case.
27.04.2016 | Tamás Lattmann
Judgment in the Savchenko case
The very first International Law Reflextion: "Judgment in the Savchenko case". A debated judgment by a dubious judicial forum in a murky legal environment. The current analysis tries to shed some light to some of the legal questions, without examining the charges on their merits.


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