SLP 09 (2015)

manifestations concerning crimes under international law is quite limited, it indicates that this kind of speech is considered to be able to contribute to public debate. The states thus have a narrow margin of appreciation and the interpretation of the purposes referred to in paragraph 2 of Article 10 of the ECHR is very restrictive. The third part of the book concentrates on the relationship between IHL and new technologies. The first chapter, by Jan Ondřej and Magda Uxová, has a general topic of the Use of Modern Technology in International Humanitarian Law and in the Fight against Terrorism . It concentrates on new technologies including drones, autonomous systems etc., and assesses the legality of the use of these technologies under IHL. Their use in case of the fight against terrorism is assessed as well. The question of legality of the use of modern technology arises from the point of view of IHL, inter alia, with respect to the legal status of the personnel who operate these systems. The two subsequent chapters have a narrower focus. Michal Janák, in International Legal Aspects of Unmanned Aerial Vehicles Deployment in Modern Armed Conflict, deals with the question of the legality of the unmanned aerial vehicle usage in international armed conflicts. The chapter aims at finding out whether it is possible to qualify the unmanned aerial vehicle as a prohibited means of warfare and whether the way of its use is compatible with IHL. Tomáš Bruner, in his Remarks on the Conditions and Methods of the Application of International Humanitarian Law on Cyber-operations, claims that although the cyber- operations are often studied from ius ad bellum perspective, their distinct regulation by ius in bello (IHL) is also essential. The chapter first examines the conditions which qualify a cyber-operation as an attack regulated by IHL. It also addresses the question under what circumstances a single cyber-operation constitutes (and matches the defini- tion of ) an armed conflict. On the empirical level, the chapter deals with those theo- retical presuppositions in three cases of past cyber-operations: cyber-attack during Israeli operation Orchard (2007), cyber-operations during the conflict in Georgia (2008) and cyber-operations during the conflict in Ukraine (2014). Secondly, the chapter inquires how those past operations comply with five classical principles of IHL: war necessity, humanity, discrimination, proportionality and limited means and methods of warfare. The fourth part of the book focuses on criminal prosecution of individuals respon- sible for violations of IHL, i.e. for war crimes, under international criminal law (ICL). Going back to the origins of ICL, Pavel Maršálek assesses the Legality and Legitimacy of the Nuremberg Trial. Since the time it took place up to this day, the Nuremberg Trial has been a subject of controversy. To its supporters it was legal and legitimate. According to them, the international community came to terms with Nazi crimes at the trial in a legal fashion. To its critics, it is the right of winners. They blame it for flouting some core principles of law. The chapter attempts to resolve the controversy. It regards the Nuremberg Trial as a necessary part of the post-war restoration of law that had no alternative and was legal and legitimate. An abundant body of evidence has been gathered in support of this standpoint.

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