Ochrana vlastních občanů v zahraničí: mezinárodněprávní souvislosti navrhované novelizace Ústavy ČR
Protection of Nationals Abroad: International Legal Aspects of Proposed Constitutional Amendment

Summary/Abstract: On 23 June, 2019, a group of 67 deputies submitted a proposal of constitutional act amending Art 43 of the Constitution of the Czech Republic. The aim of this proposal is to enhance powers of the Government in deciding on the sending of the Czech armed forces outside the territory of the Czech Republic, the stationing of the armed forces of other states within the territory of the Czech Republic, and their overflight over the territory of the republic. The amendment reacts on the fact that "according to the present regulation it would be extremely difficult to send own armed forces abroad with the aim of protection of nationals abroad who are unlawfully captured here or whose lives are threatened due to an ongoing natural disaster." Given the fact that the proposal was submitted by deputies across a political spectrum, it is possible to anticipate its adoption. This article is therefore focusing on international legal aspects of the amendment since they are analyzed only in a simplified form in the explanatory report. The aim of this contribution is to explain whether current international law permits the use of force abroad with the purpose of protection of nationals. The answer to this question has its obvious significance, while - as it is well known - the Czech Republic, and therefore the Government, is bound to observe its obligations arising out of international law and at the same time, in the light of Art 26 of the Vienna Convention on the Law of Treaties and Art 3 of the Draft Articles on Responsibility of States for Internationally Wrongful Acts, cannot relieve itself of these obligations by mere reference to its own constitutional regulation.

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