244 / 268
242
due consideration to specific character of IHL and limitations resulting from (legal)
peculiarities of international organizations.
Focusing on the
Responsibility of International Organizations in Armed Conflicts,
Sandra Brožová
discusses the process and result of codification under the auspices
of the UN International Law Commission. The fundamental question to discuss is
the responsibility relation between states and international organizations, which can
be basically solved in two ways: through the rules for attribution of conduct and the
specifically defined cases of responsibility in relation of an act of different subject (aid
or assistance, direction and control, coercion, circumvention and the responsibility of
members). Finally, the responsibility of international organizations in connection with
the international criminal justice is outlined.
The second challenge, discussed by
Josef Mrázek
in the chapter on
International
Humanitarian Law and Non-State Actors in Armed Conflicts,
is that of non-state actors
(NSAs)
.
The chapter centers at the role and legal status of armed NSAs in armed conflicts.
The aim of the international community is to “force” opposition armed groups (AOGs)
to abide by the existing IHL and to develop it. The chapter discusses how NSAs may be
bound by IHL and how to hold them responsible for IHL violations. Not all NSAs are
“parties” to armed conflict. Difficulties arise already in understanding the broad notion of
NSAs. There are great differences in their structure, and objectives. NSAs play an impor-
tant role in world economy (multinational enterprises) and NSAs are often key players in
all armed conflicts. NSAs represent big challenge to the contemporary international law in
theory and practice as well, including international legal personality of some of them.
Radka Kryslová
focuses on
Child soldiers – Problematic Aspects of Relationship
Between International Humanitarian Law and International Criminal Law.
The use of
child soldiers in armed conflicts (including enlisting, conscripting and using children
under the age of fifteen years to participate actively in hostilities) is a major chal-
lenge. This issue is discussed within the framework of the evolution of international
law – since the prohibition of child soldiers as a rule of international humanitarian
law to the prosecution of persons who are responsible for violating that prohibition in
international criminal law. The paper discusses problems arising from the relationship
between IHL and international criminal law concerning child soldiers.
Finally, in her chapter on
Freedom of Expression in Relation to Crimes under
International Law in the Case-law of the ECtHR,
Alla Tymofeyeva
analyses the case-
law of the European Court of Human Rights (ECtHR) on the freedom of expression,
under Article 10 of the European Convention on Human Rights (ECHR), relating to
crimes under international law. A brief description of these crimes is given in the intro-
duction. Subsequently, an analysis of the ECtHR’s judgments in respect to expressions
related to the crime of genocide, crimes against humanity and war crimes is provided.
Due to the absence of case-law from the ECtHR on the crime of aggression, this crime
is only briefly brought up in the chapter. Although the practice of the ECtHR as to the