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and non-international armed conflicts. IHL in relationship to IHRL is considered mostly
as
lex specialis
. The interaction between IHL and IHRL is mutual, influencing clearly each
other’s development. There is a generally tendency to the greater “humanization” of IHL
and to “convergence” or “complementarities” of these two branches of international law.
The study is discussing also the problem of derogation of some IHRL provisions in armed
conflicts and decisionmaking of the ICJ and the ECHR in cases relating to armed conflicts.
Next chapter, written by
Ondřej Svaček
, deals with the issue of human rights
protection before the International Criminal Court. After preliminary general thoughts
on position of international criminal law and International Criminal Court in the system
of international human-rights protection, the focus is given to Article 21(3) of the Rome
Statute of the International Criminal Court. According to this provision, the application
and interpretation of law applicable before the International Criminal Court must
be consistent with internationally recognized human rights. Author analyzes current
jurisprudence of the International Criminal Court dealing with Article 21(3). The
chapter refers to already settled jurisprudence which has elucidated some contentious
aspects of Article 21(3) and at the same time points to unsettled challenges which are
interlinked with this primary interpretative guideline.
Věra Honusková
deals in her study with the problem of children-refugees and their
protection in the law of the European Union. The system of EU law, a sub-regional
system, brings apparent benefits to the status of refugees, who are children. The
benefits may be seen mainly in the procedural norms, but not only there. Th e children
are counted as a vulnerable group, those, who are unaccompanied minors, are given
higher standard of care,
inter alia
are immediately appointed a representative. The
contribution aims at introduction of rights guaranteed in the EU law and analysis their
real benefit for children and their effectiveness. Reflections are set into the context of
the relevant parts of international law.
The chapter written by
Miroslav Kaštyl
analysis the national security exception,
its history and limits in relation to the principle of non-refoulement emanating from
human rights law and refugee law. At first, the study enumerates several human rights
treaties encompassing the national security exception. Consequently, it focuses on the
content of this exception and the issue of securitization. The author concludes witht the
observation of a clash of existing obligation of States and possible means how to solve it.
The final chapter, written by
Mahulena Hofmannová
, provides a review of the case
law of the European Court of Human Rights concerning space communication.