Series:IIR - INTERNATIONAL LAW REFLECTIONS

A promising beginning of negotiations of a convention banning nuclear weapons

Author(s): Miroslav Tůma / Language(s): English

The first round of talks regarding the negotiations of a treaty prohibiting nuclear weapons (their use, production, ownership, etc.) took place on March 27–31, 2017, at the UN Headquarters in New York under the presidency of Ambassador Elayne Whyte Gómez of Costa Rica. The second, and final round of talks, during which the finalization and adoption of the proposed convention is expected, should take place in New York from June 15 to July 7, 2017. The aforementioned first round was preceded by an organizational meeting in New York on February 16, 2017, in the presence of representatives of more than 100 countries, at which the provisional agenda and the rules of procedure for the general meeting of the UN General Assembly were agreed. According to these rules, a two-thirds majority is necessary for decisions on important questions and a simple majority of all present members is required for procedural issues. In contrast to consensus decision-making, which is valid, for instance, for the Conference on Disarmament in Geneva, no country present at the UN conference can veto an adopted decision.The first round of negotiations was attended by around 130 countries, and representatives of several organizations, such as the UN, the International Committee of the Red Cross, and a number of non-governmental organizations, as well as surviving victims of the US-caused nuclear explosion in Hiroshima and Nagasaki, which are called Hibakusha in Japan. All countries that own nuclear weapons, as well as a large majority of Alliance states, including the Czech Republic, and partner countries relying on nuclear protection, especially protection by the US, boycotted the meeting. From the Alliance states, only the Netherlands attended, and from the European Union states, the already mentioned Netherlands, and also Austria, Sweden and Ireland participated. From the partner countries, Japan was present.

All’s wrong that starts wrong – withdrawals from the International Criminal Court

Author(s): Tamás Lattmann / Language(s): English

The Hague-based International Criminal Court, the world’s first permanent judicial forum, created in 1998 by the adoption of the Rome Statute, has been living difficult times during the past months. After years of struggle since its operations have started in 2002, the second half of 2016 has brought withdrawals, threats for withdrawals, and even a visibly collective strategy for a mass withdrawal of African states from the system. What keeps states in a similar structure, what makes them seriously consider a withdrawal, and what is the possible future of the International Criminal Court (ICC)?

Attack on the CEU in Hungary. Attack only on academic freedom?

Author(s): Tamás Lattmann / Language(s): English

In 2014, Hungarian prime minister Viktor Orbán has declared to build an “illiberal state” in Hungary, while constantly referring to leaders like Vladimir Putin in Russia or Recep Tayyip Erdogan in Turkey as examples. This has been seen by many as a gradual march toward authoritarianism. While this –and many other policies –have been heavily criticized by many ever since, these have gained a new momentum with the prime minister and his circles turning against the Central European University.

Can the Necessary International Legal Framework to Achieve a Nuclear-Weapon-Free World Be Reached?

Author(s): Miroslav Tůma / Language(s): English

If we look at the issue of nuclear disarmament from the point of view of the development of multilateral disarmament negotiations at the main forums of the disarmament apparatus (the Conference on Disarmament in Geneva, the UN Disarmament Commission, the First Committee of the UN General Assembly and the review process of the Treaty on the Non-Proliferation of Nuclear Weapons) the situation is rather dismal. Given the principle of consensus decision-making, including consensus decision-making on proposed agreements, which applies to all negotiation forums, with the exception of the First Committee and also given the lack of political will and unwillingness to reach a compromise in the results on the side of nuclear-weapon powers, the multilateral disarmament negotiations process of these bodies has stagnated for the past several years. At the Conference on Disarmament in Geneva, which is the most important body with a mandate for negotiating disarmament agreements, all action has been blocked for the last twenty years. In contrast to other types of weapons of mass destruction, that is chemical and biological weapons, which are banned by relevant conventions in the long-term, there is no similar international legal instrument for the much more destructive nuclear weapons. Yet, when they discuss the issue of nuclear weapons and disarmament, all of the representatives of both nuclear-weapon and non-nuclear-weapon states simultaneously support the creation of a nuclear-weapon-free world and, in this context, they sometimes recall the “Prague speech” of US President Barack Obama in April 2009, in which he unequivocally supported this goal.

Do Two Wrongs Make a Right? The Use of Chemical Weapons in Syria and the US Strike

Author(s): Veronika Bílková / Language(s): English

On Thursday 6 April 2017, the US carried out a missile strike in Syria. It did so in response to the chemical attack which had taken place two days earlier in the town of Khan Sheikhoun, in the rebel-controlled part of the Idlib province, killing 80 and seriously injuring more than 200 civilians. The chemical attack has been uniformly condemned. The US attack, on the contrary, has attracted not only criticism but also statements of support and of praise. This is surprising provided that the two attacks both constitute a clear violation of some of the most fundamental norms of the international legal order. And that the latter attack may potentially threaten the stability of this order, and the values it protects, not less than the former one.

Does the Negotiated Convention on the Prohibition of Nuclear Weapons Contradict the Treaty on the Non-Proliferation of Nuclear Weapons (NPT)?

Author(s): Miroslav Tůma / Language(s): English

As regards nuclear disarmament negotiations, the year 2017 has been exception also far. The main reason for such praise is that this year, the historically unprecedented two-stage negotiations regarding the Convention on the Prohibition of Nuclear Weapons have begun at the UN conference in New York. The first round of the talks already took place on March 27–3, 2017, the second one began on June 15 and will finish on July 7, 2017.Moreover, in the first half of the year, the first meeting of the Non-Proliferation Treaty Preparatory Committee for the 10th Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons took place in Vienna on May 2–12, which opened the Treaty’s review process. Within its framework, the Committee has scheduled another two meetings before the whole review process will reach its climax in 2020 with the 10th Nuclear Non-Proliferation Treaty Review Conference. After the failure of the preliminary Review Conference in 2015 due to fact that it did not come to a consensus or an agreement on the final report, the following review process is of the utmost importance, especially in the context of the future negotiations about the Convention on the Prohibition of Nuclear Weapons.

Historicky významná Smlouva zakazující jaderné zbraně (Treaty on the Prohibition of Nuclear Weapons) byla schválena

Author(s): Miroslav Tůma / Language(s): Czech

Judgment in the Savchenko case

Author(s): Tamás Lattmann / Language(s): English

On 22 March, Nadiya Savchenko, a Ukrainian servicewoman was sentenced to 22 years in prison by a court in the Russian city of Donetsk, after being convicted of directing artillery fire to kill two journalists in eastern Ukraine during the hostilities in June 2014, during the course of the “War in Donbass”. The defendant of the case had earlier been captured by separatist forces and taken over to Russian territory by force. Not surprisingly, the Ukrainian government has stated that they would never accept the verdict as legitimate, expressing strong criticism towards the procedure and Russia in general. Other countries have also expressed their disdain, though employing much less harsh wordings. For example the Czech Ministry of Foreign Affairs has also issued a statement on the situation, demanding the release of Nadiya Savchenko, but it has appealed to humanitarian reasons, and has only carefully mentioned Russia’s „international commitments”, mainly referring to the 2015 Minsk agreement, which had been concluded by the leaders of Ukraine, Russia, France and Germany, assisted by the OSCE to work out and uphold a ceasefire.

Katalánsko na rozcestí. Nebo na scestí?

Author(s): Veronika Bílková / Language(s): Czech

On Friday, October 27, 2017, the Autonomous Community of Catalonia advanced to the long-awaited and very dreadful declaration of independence from Spain. It did so by approving the Declaration of Independence published by Catalan Prime Minister Carles Puigdemont on 10 October, two weeks earlier, but the document remained aside and served as a tool of pressure on the Spanish government. Rubikon has now been exceeded, and the Catalan Parliament has formally accepted the declaration. This was a very tight majority of 70 votes in the 135-ballot institution (10 MPs voted against, two absent, the rest of the party not taking part in the protest). The result clearly shows that significant dividing lines are currently not only between Spain and Catalonia, but also inside Catalan society itself.The Catalan question is very complex. It has political, economic, social, historical, cultural, legal and emotional aspects. This reflection is further analyzed only by the penultimate category; therefore, it contemplates the legal aspects of the declaration of Catalan independence. When reading a reflection, it must be borne in mind that law (both national and international) is just one of the pieces of a complex mosaic that, although it has an effect on the resulting picture, does not determine it in itself. In the case of Catalonia, this is all the more true that the law leaves many issues concerning the emergence of new states and the secession of part of the state territory deliberately vague so as not to conclude the path of different political agreements.

Kurdistan and Catalonia as new states? Caught between sovereignty and peoples’ right to self-determination

Author(s): Tamás Lattmann / Language(s): English

During recent weeks, two major referenda have taken place with serious ambition: to create new states by secession, one in Catalonia in Spain, one in the Kurdish territory in Iraq. The current analysis sheds light to the international legal background of similar situations and their possible consequence under the current legal-political circumstances.

Nepovede realizace plánovaných záměrů Trumpovy administrativy v oblasti jaderných zbraní ke snížení prahu možnosti vypuknutí jaderné války?

Author(s): Miroslav Tůma / Language(s): Czech

At the end of the first year of its operation, the administration of President Donald Trump gradually acquainted the American and world public with the main doctrinal security papers. In December 2017, it published the "National Security Strategy of the United States of America" and in January 2018 the "Summary of the 2018 National Defense Strategy of the United States of America”. A "Nuclear Posture Review 2018" (NPR 2018) was presented by the US Department of Defense at a press conference on February 2, 2018.The planned nuclear-related measures are derived from Donald Trump's overall vision of preserving the leadership of the United States in the international order, especially from the position of power. An important role in the US's efforts to face geopolitical and regional threats will be played by the armed forces, including the modernization of military infrastructure and armaments. Doctrinal documents in this effort divide nuclear weapons, as part of strengthening the deterrent concept, an extraordinary place.

No Revolution Has Taken Place: The Post-2015 Human Rights Foreign Policy of the Czech Republic

Author(s): Veronika Bílková / Language(s): English

In 2015, two new conceptual documents were adopted in the Czech Republic, under the Government of Bohuslav Sobotka –the general Concept of the Czech Republic´s Foreign Policy (available in English here) and a more specific Concept of Human Rights Promotion and Transition Cooperation(available in Czech here). The former document replaced an older text entitled Conceptual Basis of the Foreign Policy of the Czech Republic (available in English here) which had been adopted in 2011 by the Government of Petr Nečas. The latter document builds on the 2010 Concept of Transition Policy,but it is broader in scope, covering not only transition policy/cooperation but also human rights promotion.

Padesát odstínů terorismu?

Author(s): Veronika Bílková / Language(s): Czech

On 25 January 2016, the Government of the Czech Republic approved the material of the Ministry of the Interior of the Czech Republic, on the basis of which a system of proclamation of threats of terrorism was introduced. After the terrorist attacks in Brussels on March 22, 2016, the system was first activated, i.e. the Czech Republic switched from normal state to state of vigilance. This material briefly summarizes the content of the new system, compares it with systems used in other countries, and formulates some general recommendations.

Preliminary legal opinion from the European Court of Justice – maybe green light to the emergency relocation system, hundred meters after having left the crossing

Author(s): Tamás Lattmann / Language(s): English

The Opinion of Advocate General Yves Bot, published on 26 July 2017 signals an important step towards closing the legal case initiated by Slovakia and Hungary against the provisional mechanism for the mandatory relocation of asylum seekers, created by the Council in September 2015 to assist Greece and Italy. It is not favorable towards the two member states’ arguments. It proposes that the Court shall dismiss them, and uphold the Council’s decision. This Reflection analyses the original decision, the arguments and the possible political consequences.

Recognition of Jerusalem as the capital city of Israel – acknowledging the obvious, or an illegitimate act?

Author(s): Veronika Bílková / Language(s): English

On December 6, 2017, the US president Donald Trump officially recognized Jerusalem as the capital city of the State of Israel and announced his plan to move the American embassy there. The majority of States have reacted with condemnation or unease to this decision; a minority, including the Czech Republic, have expressed their understanding or, in some cases, even support for it. The divide within the international community demonstrated itself also in the UN General Assembly. The resolution criticizing the attempts to change the status of Jerusalem unilaterally was adopted by 128 votes in favor, with 9 States voting against and 35, including the Czech Republic, abstaining. In the UN Security Council, a resolution with a very similar content got support from 1 States but could not be adopted due to the US veto. What makes the recognition of Jerusalem as the capital city of Israel such a controversial issue? Is it not after all, as Trump said, just the recognition of the obvious? What led the General Assembly to express its deep regret at the US decision and label it as legally problematic? These questions will be addressed in the following International Law Reflection of the Centre for International Law of the IIR.

Referendum on the refugee quotas in Hungary – protection of sovereignty or much ado about nothing?

Author(s): Tamás Lattmann / Language(s): English

The migration crisis has stirred up political debates within the EU and its member states regarding not only possible solutions, but also about the future of the organisation. The first shock has come in the form of the Brexit referendum, the second one could have been the referendum in Hungary “against the quota system”, as the initiating government has calculated. The current analysis gives information about the referendum and examines its possible effects in the near future.

Reinstating the death penalty in Turkey after the attempted coup?

Author(s): Tamás Lattmann / Language(s): English

After the unsuccessful coup attempt in Turkey, both high-level officials and the pro-government public suggest the reinstatement of the death penalty. Unfortunately the question tends to re-surface from time to time in other states as well, but rarely with such political weight. It is important to evaluate the possibility of this step.

The American President Donald Trump and “The Worst” Deal

Author(s): Miroslav Tůma / Language(s): English

In May 2015, that is, a month before the agreement was negotiated, the Iranian Nuclear Agreement Review Act of 2015 (INARA) was approved by the Republican-led US Congress, and it required the President to periodically evaluate any agreement reached in the talks of the five permanent members of the UN Security Council, Germany and Iran to prevent the acquisition of nuclear weapons by the latter country. He was to give his opinion to Congress within a 90-day period enforced by law.On the basis of the above law, President Trump granted the required certification of Iran's compliance with the deal twice in the first half of 2017, i.e. in April and July. However, by the October 13 deadline, he still did not provide the expected third certification, leaving Congress to decide within a 60-day period on the US's further steps in relation to the deal. By failing to certify it, President Trump has not withdrawn from the agreement and has also not called Congress to resume the anti-nuclear sanctions, which would most likely lead to an end of the agreement. However, according to Suzanne Maloney, the Deputy Director of the Foreign Policy Program at the Brookings Institution, "that step undermines the legitimacy of the agreement, which may lead to its collapse."

The case against Russia for the attack on flight MH17

Author(s): Tamás Lattmann / Language(s): English

According to the news, a new legal proceeding has been initiated against Russia and its president Vladimir Putin for the downing of the Malaysia Airlines flight MH17 in the airspace of Ukraine on 17 July 2014. The present analysis examines the outlines of the case.

The Derogation from the European Convention on Human Rights by Turkey after the Attempted Coup

Author(s): Tamás Lattmann / Language(s): English

After the unsuccessful coup attempt in Turkey, its high-level officials, including the president, have constantly talked about the necessity of the introduction of a state of emergency, and it has actually been declared on 20 July. At the same time, the president has also mentioned the “suspension” of the European Convention on Human Rights. What does this exactly mean? What are the effects and consequences of this step?