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ŠTEFAN VIEDENSKÝ
CYIL 6 ȍ2015Ȏ
Alla Tymofeyeva notes that even though the ECHR is not a criminal tribunal, it
has relatively extensive case law on the issue of war crimes. It deals with the protection
of human rights of victims of war crimes and even of war criminals and also evaluates
other aspects associated with these issues, such as protection of freedom of expression
in relation to war crimes.
Two contributions of the Fifth part of the monograph deals with the protection of
women – “TheTraffic inWomen in Current International Law” by Stanislava Hýbnerová,
and “CombatingViolence againstWomen inCouncil of Europe Instruments” by Kristina
Chocholáčková.
The aim of the first chapter is to justify the perception of trafficking in women
as a crime against humanity. And, in light of brutal breaches in women’s human
rights, prof. Hýbnerová asks whether extreme caution of the creators of the Statute
of the ICC is appropriate, because crimes against humanity, except of the Statute
of the ICC, do not have any other universal treaty regime that would include a
jurisdictional clause in favor of universal jurisdiction. In respect of this, violence
against women and their sexual enslavement is still an urgent appeal for international
law and the international community.
The second contribution shows the situation in Europe, particulary the functioning
of the European Court of Human Rights; however, it seems that violence against
women still may be seen as a result of the failure to protect universal human rights
under international law in Europe as well.
The last part is focused on issues of refugee law in the context of criminal
activities of the protected persons – “Excluded from Protection: Exclusion Clause of
the Convention relating to the Status of Refugees” by Věra Honusková, “Exclusion
of Terrorists from Refugee Status and Exclusion Clause of the Convention relating
to the Status of Refugees” by Eliška Flídrová, and “Undesirable Journeys to Freedom
and Aircraft and Boat Hijacking and Exclusion Clauses of the Convention relating
to the Status of Refugees” by Šárka Ošťádalová.
The first contribution is a profound analysis of the exclusion provisions within the
definition of a refugee in the Convention Relating to the Status of Refugees, which
prevent certain persons from being granted protection as a refugee. The second one
concerns the application of the exclusion clause on terrorists with specific individual
circumstances of this application. The third chapter focuses on the interpretation
and application of the exclusion clauses contained in Art. 1F (b) of the Convention
relating to the Status of Refugees to situations where the applicant for refugee status
is a person who in the course of escaping from his country of origin has committed
kidnapping aircraft or a ship.
The last chapter – “Illegal gold trade as a source for financing terrorism and
conflicts” by Kamila Hájíčková – introduces the potential use of the gold business
as a source of criminality and financing of international terrorism. The article also