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Padesát odstínů terorismu?

Author(s): Veronika Bílková / Language(s): Czech

On 25 January 2016, the Government of the Czech Republic approved the material of the Ministry of the Interior of the Czech Republic, on the basis of which a system of proclamation of threats of terrorism was introduced. After the terrorist attacks in Brussels on March 22, 2016, the system was first activated, i.e. the Czech Republic switched from normal state to state of vigilance. This material briefly summarizes the content of the new system, compares it with systems used in other countries, and formulates some general recommendations.

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The case against Russia for the attack on flight MH17

Author(s): Tamás Lattmann / Language(s): English

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 examines the outlines of the case.

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Reinstating the death penalty in Turkey after the attempted coup?

Author(s): Tamás Lattmann / Language(s): English

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.

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The nuclear weapons ban convention and the North Atlantic Treaty Organization

Author(s): Miroslav Tůma / Language(s): English

This year, there will be an international conference in the headquarters of the UN in New York. The conference will have a mandate to negotiate an agreement to ban nuclear weapons. Besides being attended by member states of the UN, the conference will be attended by representatives of some non-specified international organizations and civic society representatives. The conference will be held on the basis of a resolution which has been adopted by the First Committee (the United Nations Committee on Disarmament and International Security) during the 71stUN General Assembly at the end of October 2016 (A/C.1/71/L.41) and subsequently adopted at a plenary session of the United Nations General Assembly in December 2016 (A/RES/71/258). The resolution’s title Taking Forward Nuclear Disarmament Negotiations calls on the world to achieve progress in just that area. Its importance especially resides in the wording of some paragraphs of the operational part, which contain the decision to convene the above mentioned conference in 2017 to negotiate a legally binding instrument banning nuclear weapons, which should lead to their complete elimination. The content of the resolution has been influenced by recommendations of the final report of the Open-Ended Working Group (OEWG), which held talks in Geneva in the first half of 2016. It was to assess new legal measures and the needed standards for reaching a world without nuclear weapons. (The article follows up the International Law Reflection #10, issued on November 10th 2016)

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Where Two Are Fighting, the Third Has to Adjudicate – Ukraine and the Russian Federation at the International Court of Justice

Author(s): Veronika Bílková / Language(s): English

The first hearing in the dispute between Ukraine and the Russian Federation was held at the International Court of Justice (ICJ) in the Hague on 6th-9th March 2017. The hearing did not relate to the substance of the dispute, but to the request by Ukraine for provisional measures under Article 41 of the ICJ. The decision on the request has not been issued yet. Despite this, it might be useful to briefly summarize the case and consider Ukraine´s chances to succeed in it.

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Do Two Wrongs Make a Right? The Use of Chemical Weapons in Syria and the US Strike

Author(s): Veronika Bílková / Language(s): English

On Thursday 6 April 2017, the US carried out a missile strike in Syria. It did so in response to the chemical attack which had taken place two days earlier in the town of Khan Sheikhoun, in the rebel-controlled part of the Idlib province, killing 80 and seriously injuring more than 200 civilians. The chemical attack has been uniformly condemned. The US attack, on the contrary, has attracted not only criticism but also statements of support and of praise. This is surprising provided that the two attacks both constitute a clear violation of some of the most fundamental norms of the international legal order. And that the latter attack may potentially threaten the stability of this order, and the values it protects, not less than the former one.

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Attack on the CEU in Hungary. Attack only on academic freedom?

Author(s): Tamás Lattmann / Language(s): English

In 2014, Hungarian prime minister Viktor Orbán has declared to build an “illiberal state” in Hungary, while constantly referring to leaders like Vladimir Putin in Russia or Recep Tayyip Erdogan in Turkey as examples. This has been seen by many as a gradual march toward authoritarianism. While this –and many other policies –have been heavily criticized by many ever since, these have gained a new momentum with the prime minister and his circles turning against the Central European University.

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Does the Negotiated Convention on the Prohibition of Nuclear Weapons Contradict the Treaty on the Non-Proliferation of Nuclear Weapons (NPT)?

Author(s): Miroslav Tůma / Language(s): English

As regards nuclear disarmament negotiations, the year 2017 has been exception also far. The main reason for such praise is that this year, the historically unprecedented two-stage negotiations regarding the Convention on the Prohibition of Nuclear Weapons have begun at the UN conference in New York. The first round of the talks already took place on March 27–3, 2017, the second one began on June 15 and will finish on July 7, 2017.Moreover, in the first half of the year, the first meeting of the Non-Proliferation Treaty Preparatory Committee for the 10th Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons took place in Vienna on May 2–12, which opened the Treaty’s review process. Within its framework, the Committee has scheduled another two meetings before the whole review process will reach its climax in 2020 with the 10th Nuclear Non-Proliferation Treaty Review Conference. After the failure of the preliminary Review Conference in 2015 due to fact that it did not come to a consensus or an agreement on the final report, the following review process is of the utmost importance, especially in the context of the future negotiations about the Convention on the Prohibition of Nuclear Weapons.

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Preliminary legal opinion from the European Court of Justice – maybe green light to the emergency relocation system, hundred meters after having left the crossing

Author(s): Tamás Lattmann / Language(s): English

The Opinion of Advocate General Yves Bot, published on 26 July 2017 signals an important step towards closing the legal case initiated by Slovakia and Hungary against the provisional mechanism for the mandatory relocation of asylum seekers, created by the Council in September 2015 to assist Greece and Italy. It is not favorable towards the two member states’ arguments. It proposes that the Court shall dismiss them, and uphold the Council’s decision. This Reflection analyses the original decision, the arguments and the possible political consequences.

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Katalánsko na rozcestí. Nebo na scestí?

Author(s): Veronika Bílková / Language(s): Czech

On Friday, October 27, 2017, the Autonomous Community of Catalonia advanced to the long-awaited and very dreadful declaration of independence from Spain. It did so by approving the Declaration of Independence published by Catalan Prime Minister Carles Puigdemont on 10 October, two weeks earlier, but the document remained aside and served as a tool of pressure on the Spanish government. Rubikon has now been exceeded, and the Catalan Parliament has formally accepted the declaration. This was a very tight majority of 70 votes in the 135-ballot institution (10 MPs voted against, two absent, the rest of the party not taking part in the protest). The result clearly shows that significant dividing lines are currently not only between Spain and Catalonia, but also inside Catalan society itself.The Catalan question is very complex. It has political, economic, social, historical, cultural, legal and emotional aspects. This reflection is further analyzed only by the penultimate category; therefore, it contemplates the legal aspects of the declaration of Catalan independence. When reading a reflection, it must be borne in mind that law (both national and international) is just one of the pieces of a complex mosaic that, although it has an effect on the resulting picture, does not determine it in itself. In the case of Catalonia, this is all the more true that the law leaves many issues concerning the emergence of new states and the secession of part of the state territory deliberately vague so as not to conclude the path of different political agreements.

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Kurdistan and Catalonia as new states? Caught between sovereignty and peoples’ right to self-determination

Author(s): Tamás Lattmann / Language(s): English

During recent weeks, two major referenda have taken place with serious ambition: to create new states by secession, one in Catalonia in Spain, one in the Kurdish territory in Iraq. The current analysis sheds light to the international legal background of similar situations and their possible consequence under the current legal-political circumstances.

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The American President Donald Trump and “The Worst” Deal

Author(s): Miroslav Tůma / Language(s): English

In May 2015, that is, a month before the agreement was negotiated, the Iranian Nuclear Agreement Review Act of 2015 (INARA) was approved by the Republican-led US Congress, and it required the President to periodically evaluate any agreement reached in the talks of the five permanent members of the UN Security Council, Germany and Iran to prevent the acquisition of nuclear weapons by the latter country. He was to give his opinion to Congress within a 90-day period enforced by law.On the basis of the above law, President Trump granted the required certification of Iran's compliance with the deal twice in the first half of 2017, i.e. in April and July. However, by the October 13 deadline, he still did not provide the expected third certification, leaving Congress to decide within a 60-day period on the US's further steps in relation to the deal. By failing to certify it, President Trump has not withdrawn from the agreement and has also not called Congress to resume the anti-nuclear sanctions, which would most likely lead to an end of the agreement. However, according to Suzanne Maloney, the Deputy Director of the Foreign Policy Program at the Brookings Institution, "that step undermines the legitimacy of the agreement, which may lead to its collapse."

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Recognition of Jerusalem as the capital city of Israel – acknowledging the obvious, or an illegitimate act?

Author(s): Veronika Bílková / Language(s): English

On December 6, 2017, the US president Donald Trump officially recognized Jerusalem as the capital city of the State of Israel and announced his plan to move the American embassy there. The majority of States have reacted with condemnation or unease to this decision; a minority, including the Czech Republic, have expressed their understanding or, in some cases, even support for it. The divide within the international community demonstrated itself also in the UN General Assembly. The resolution criticizing the attempts to change the status of Jerusalem unilaterally was adopted by 128 votes in favor, with 9 States voting against and 35, including the Czech Republic, abstaining. In the UN Security Council, a resolution with a very similar content got support from 1 States but could not be adopted due to the US veto. What makes the recognition of Jerusalem as the capital city of Israel such a controversial issue? Is it not after all, as Trump said, just the recognition of the obvious? What led the General Assembly to express its deep regret at the US decision and label it as legally problematic? These questions will be addressed in the following International Law Reflection of the Centre for International Law of the IIR.

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Bilateral Agreements in Central and Eastern Europe: A New Inter-State Framework for Minority Protection?

Author(s): Kinga Gál / Language(s): English

The practice of bilateral agreements on good neighbourly relations was ‘reinvented’ by Germany after 1991 to guarantee the frontiers resulting from World War II and to protect the minorities of German origin in Central and Eastern Europe. A similar policy was pursued by Hungary with five of ist neighbours to deal with the problems of the Hungarian minorities. Parallel to this trend, the European Union has also promoted a policy aimed at guaranteeing stability in Central and Eastern Europe through bilateral agreements on good neighbourliness. The bilateral treaties follow each other in time, structure and content. They incorporate soft law provisions, especially with regard to their minority regulations, reflecting the strong influence of the political factor. They do not mention collective rights and fail to provide the national minorities concerned with any form of self-government. Furthermore, they were often negotiated in the absence of the minority communities they were designed to protect. As these treaties are politically highly motivated, the political aspects of the implementation mechanisms have received primacy over the legal possibilities. The treaties, and hence indirectly the provisions of international documents enshrined in them, have the same status as national legislation and could therefore be claimed before national courts. However, the joint intergovernmental committees monitoring implementation have the potential to become the most effective implementation mechanism. In conclusion, although these treaties have not significantly changed the existing practice of minority protection so far, their importance should not be diminished because they contribute to the construction of a new inter-state framework for minority protection.

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№60: Remote and Autonomous: From Drones to “Killer Robots”

Author(s): Maria Radziejowska / Language(s): English

While Poland is only sketching out its national UAV programme, the international community has already embarked on discussions about the legality of autonomous weapons systems. The case against “killer robots” has been brought into the Convention on Certain Conventional Weapons forum. Transparent and common standards for the legal review of such weapons could balance the risks associated with their future illegal use. Before deciding whether to ban autonomous weapons systems and their development, there is a need to reach greater clarity on the understanding of autonomy and the level of human supervision over these systems in light of the existing legal framework. Autonomous robotic systems will continue to be developed for a variety of purposes.

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The Czech Republic, Romania and Hungary on the Relocation of the U.S. Embassy in Israel to Jerusalem

Author(s): Veronika Jóźwiak,Łukasz Ogrodnik,Jakub Pieńkowski / Language(s): English

The Czech Republic, Hungary and Romania blocked a joint EU statement criticising the relocation of the U.S. embassy in Israel to Jerusalem. EU unity against the violation of international law was subordinated by these states to domestic competition for influence and to gain U.S. support. This decision not only weakened the effectiveness of EU cohesion and diplomatic efforts but also caused a deterioration in relations between these countries and part of the Arab world.

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Czechy, Rumunia i Węgry wobec przeniesienia ambasady USA do Jerozolimy

Author(s): Veronika Jóźwiak,Łukasz Ogrodnik,Jakub Pieńkowski / Language(s): Polish

Czechy, Rumunia i Węgry zablokowały oświadczenie Unii Europejskiej, krytyczne wobec przeniesienia ambasady USA do Jerozolimy. Władze tych krajów ponad kwestię jedności UE wobec łamania prawa międzynarodowego przedłożyły wewnątrzkrajową rywalizację o wpływy oraz chęć pozyskania poparcia administracji amerykańskiej. Konsekwencją tej decyzji będzie nie tylko osłabienie skuteczności unijnej dyplomacji i spójności UE, lecz także pogorszenie relacji tych państw z częścią świata arabskiego.

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Africa and the Future of the International Criminal Court

Author(s): Jędrzej Czerep / Language(s): English

The future of the International Criminal Court (ICC) depends on its reputation in Africa. The withdrawal of Burundi, completed in October 2017, is an example of the problems with maintaining the legitimacy of the court on the continent, its major area of operation. If more African states follow, the ICC may not retain the prestige it has tried to build over the last two decades.

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Afryka a przyszłość Międzynarodowego Trybunału Karnego

Author(s): Jędrzej Czerep / Language(s): Polish

Perspektywy Międzynarodowego Trybunału Karnego są zależne od jego rangi w Afryce. Wycofanie się Burundi z MTK, zakończone w październiku 2017 r., jest przykładem problemów z legitymizacją Trybunału na kontynencie, który stanowi główne pole jego działania. Jeśli kolejne państwa afrykańskie pójdą śladem Burundi, MTK może nie odzyskać budowanej od dwóch dekad pozycji.

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Freedom of Assembly in a Maze of Laws: An Analysis of BiH Freedom of Assembly Legislation

Author(s): Amila Kurtović / Language(s): English

This analysis is organised in chapters that address the most important thematic areas for the exercise of the right to freedom of peaceful assembly. First, the paper presents the research implementation method and a summary of documents containing key international recommendations for regulating the freedom of peaceful assembly. As a starting point for the analysis, the definitions of public assembly protected by BiH legislation are discussed, and a special focus is placed on peaceful assembly and public protest as the most important forms of public assembly for the purposes of this research. Significant space is devoted to the notification requirement, an area with probably most contradictions among the provisions of all the laws on public assembly in force in BiH. This aspect of the exercise of the right to freedom of peaceful assembly has been analysed primarily in light of a comparison of the notification system and the authorisation system, which is explicitly criticised by all relevant international recommendations. This is followed by restrictions, as well as privileges that the legislative framework subjects assembly organisers to, depending on their affiliation with certain categories or groups (e.g. restrictions for foreign nationals as opposed to privileges for trade unions). This chapter also reflects on a special type of assembly - unorganised, spontaneous assemblies as an immediate response to an event or an occurrence in the society, making assembly notification unfeasible. National legislation requirements have also been analysed with respect to data requested for assembly notification and the (non-)harmonisation of the deadlines and international standards. The issue of assembly location is also extensively discussed, as there are significant discrepancies between local laws, but also local laws and international standards due to bans on assemblies in many otherwise publicly available locations. The actions of authorities aimed at making it difficult for the organisers to choose a location they consider most appropriate for their peaceful assembly or public protest are visible. Assembly time is discussed in light of restrictive provisions in certain laws that limit the possibilities by imposing specific timing. Legal remedy in case of imposed restrictions on public assemblies is addressed from the perspective of the necessary urgency of the legal protection procedure, i.e., the need to complete the entire procedure in a timely fashion, from the decision on the ban to deciding on the appeal, so that the organisers can continue with assembly planning. The differences in the responsibilities expected of police bodies in providing security at peaceful assemblies and the duties and responsibilities imposed on organisers, leaders and stewards of public assemblies are compared. This chapter addresses a particular concern given that the guiding principle of freedom of peaceful assembly is that the competent authorities have a primary obligation to facilitate the enjoyment of the right to freedom of peaceful assembly. The last part of this paper addresses the provisions governing the reasons why police authorities may ban or interrupt an ongoing assembly and the sanctions provided by law. Finally, specific recommendations are given from the perspective of international standards that could significantly improve freedom of assembly in BiH through appropriate advocacy activities.

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