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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.