International Public Law 2

Syllabus

1. International legal status of state bodies for international relations, jurisdiction and immunities - State sovereignty / state immunity, the position of the head of state, the immunity of the head of state and its relationship to the state and diplomatic immunity, the Pinochet case. 2. International Diplomatic and Consular law - the international legal status of diplomats, the severance of diplomatic relations, the privileges and immunities of state officials in relation to the issue of armed conflict. 3. UN Collective Security - the dichotomy between the rules applicable to the use of force (jus ad bellum) and the rules applicable to involvement in armed conflict (jus in bello), - the UN Security Council as the guarantor of peace with primary responsibility for peacekeeping and security, - the legal framework for collective security in the context of the UN Charter and links to other international organizations. 4. International Organizations and International Security - the activities of international organizations / peacekeeping missions and their responsibilities in relation to armed conflict, - the role of NATO and regional international organizations in international security. 5. The Law of Armed Conflict - beginning, course or end of armed conflict (core of the problem), - application of the law of armed conflicts - identification of parties to the conflict - also combatants / non-combatants / activities of non-state actors (insurgents, national liberation movements, mercenaries, etc.) and / or terrorists in armed conflict and their status, use of means and methods of armed conflict and identification of legality/ illegality. 6. War Occupation, Neutrality, state Self-Defense - the legal regime of war occupation / war occupation and the protection of human rights, - issues of neutral states / ordinary neutrality, recognized and guaranteed neutrality, - the right to individual and collective self-defense of states. 7. International Humanitarian Law 1 - rules on differentiation, proportionality and precautionary measures, - the penetration of the IHL with international human rights law, - national legal incorporation of the IHL, - the normative framework between the law applicable to international and non-international armed conflicts, - Naval and Air War / IHL and space operations law. 8. International Humanitarian Law 2 - identification of specific issues in relation to armed conflicts - e.g. protection of cultural heritage or environmental protection, humanitarian crisis, situation during the Covid-19 pandemic, etc. (in case of ongoing conflicts), - application of international humanitarian law - protection of victims with emphasis on the protection of women and children. 9. Military and Humanitarian Intervention, Responsibility to Protect (R2P concept), Intervention by Invitation - basic legal and legitimate concepts and principles and situations related to the issue of intervention (military, humanitarian, invitation and R2P concepts). 10. International Criminal Tribunals - historical and legal aspects related to individual criminal liability for crimes under international law, - ad hoc international criminal tribunals: ICTY (International Criminal Tribunal for the former Yugoslavia), ICTR (International Criminal Tribunal for Rwanda). 11. International Criminal Court (ICC) - the establishment of the ICC, expectations and reality, jurisdiction, the role of the Prosecutor and the relationship with the UN Security Council. 12. Prosecution of Heads of State and International Criminal Tribunals and the ICC - immunity of Heads of State and prosecution for international crimes. 13. Transitional Justice - transitional justice from a normative perspective defined by the UN framework, individual forms (truth and reconciliation commissions, reparation mechanisms, institutional reforms, amnesties in post-conflict periods). (Throughout the semester of International Public Law 2, emphasis is placed on the extent and consequences of violations of international humanitarian law and human rights law in many past and present armed conflicts using recent and current case studies - eg conflicts in Libya, Syria, Ukraine , in the Democratic Republic of the Congo, Iraq, Afghanistan, etc., while demonstrating the theoretical level of individual legal institutes on the specifics of individual case situations, eg Iraq and intervention and military occupation, etc.)