Rastislav Šutek | University of Nottingham (original) (raw)
Papers by Rastislav Šutek
The paper discusses the relationship between rehabilitation as a penological objective and enforc... more The paper discusses the relationship between rehabilitation as a penological objective and enforcement of sentences in modern mechanisms of international criminal justice. Firstly, the process of designation of state of enforcement is discussed. The paper continues with discussion on penological objectives applied in the practice of enforcement of sentences. It is argued that rehabilitation indeed belongs to penological objectives on the international level. Lastly, the findings are applied to the sentencing practice of the ICC and its designation of State of enforcement. It is argued that the ICC's practice diverges from the approach of designation of State of enforcement at the ICTY, ICTR and SCSL and that amounts to adoption of rehabilitative approach to the implementation of its custodial sentences.
The paper evaluates the application of the Refugee Convention's exclusion clause under art. 1F ta... more The paper evaluates the application of the Refugee Convention's exclusion clause under art. 1F taking into account travaux préparatoires on the Convention, major case law of asylum authorities applying and interpreting the clause and the Refugee Agency's guidelines on application of the exclusion clause. The introductory section briefly touches the core language of art. 1F and the scope of its application within ratione loci and ratione temporis. Further subchapters examine in detail particular grounds for exclusion under subpara. (a) to (c). Notable space is devoted to acts of terrorism and interpretation of the exclusion clause's provisions on this matter. The following chapter begins with a summary of standard of proof regarding the exclusion clause and the paper finishes with a few concluding remarks on the applicability of the exclusion clause to the International Criminal Court's acquitted defendants.
The paper examines the Arms Trade Treaty´s final text with the overall evaluation of its loophole... more The paper examines the Arms Trade Treaty´s final text with the overall evaluation of its loopholes that might lower the potential of the treaty to contribute to its humanitarian goal, article by article and paragraph by paragraph. Several major provisions of the final treaty text are compared with the previous wordings of the treaty from the protracted, more than a decade lasting negotiation and drafting process. The introductory section starts with the examination of the disarmament law and arms control leading to overall presentation of the drafting process on the Arms Trade Treaty. The second section deals with the final treaty text and interpretation of its core provisions, starting with the preamble of the treaty including its principles followed by interpretation of the treaty´s normative body with the evaluation of the treaty´s scope, prohibitions and restrictions of conventional arms transfer. The paper concludes with a brief summary and final remarks stating the author´s overall opinion on the treaty´s destiny.
Thesis Chapters by Rastislav Šutek
Introduction: The technology on the horizon Since time immemorial, new and advancing technologies... more Introduction: The technology on the horizon Since time immemorial, new and advancing technologies have played an integral part of facilitating warfare. One can easily recall the introduction of the chariot, crossbow, gun powder, airplane or the nuclear bomb. 1 Indeed, history has shown us how rapidly new weapon technologies proliferate. 2 The advanced technology answers the needs of the particular time period while giving the deploying party an advantage on the battlefield. The 21 st century armed conflicts can be characterized by two aspects. The first aspect of contemporary armed conflicts presents a changing layout of the battlefield. Targets are more mobile, more difficult to identify, especially among the civilian population in urban areas requiring new solutions for the States engaging in warfare. At the same time populations of States involved in armed conflicts are less tolerant to military casualties. 3 But there is also a legal and political desire to protect civilian population and property in 2 computer programming. 5 Thus civilian robotics are advancing from autonomous vacuum cleaners and underwater robots mapping the seabed to self-driving cars and swift trading programmes in the financial markets 6 . Simultaneously with the demands on civilian commercial markets militaries are naturally taking advantage of the technology as well. 7 This dissertation aims to examine the challenges present in the possible deployment of autonomous weapon systems (AWS) with regards to targeting requirements under international humanitarian law (IHL). The work does not attempt to be an exhaustive test of this military technology. Indeed, the discussion on AWS covers several different legal, ethical and policy issues that are beyond the scope of this dissertation. The work begins with an introductory part where the reader is given an insight into the development of this technology. Terminology commonly used in the discussion on this technology is explained as it is used regularly in the following legal examinations. The introductory part also includes examples of military technology in order to bridge the realm of science fiction discussion with the reality and anticipated development of this technology. Appropriate examples of military devices are also used in the following legal examinations to provide an insight into the battlefield practice and illustration of possible compliance of these devices with a particular rule of IHL when put to practice. The following chapter then examines the legal rules connected with the process of targeting and engaging on the battlefield with particular emphasis on AWS and their compliance with these rules. This chapter focuses on core principles of IHL, namely distinction, proportionality, military necessity and the requirement of taking feasible precautions. The chapter discusses hypothesis, suggestions and proposals on programming AWS in order to achieve compliance with the legal rules. The dissertation ends with final remarks concluding on the legality of AWS and particular legal issues that remain problematic for AWS and their compliance with IHL. Additionally the conclusion includes future prospects of this technology.
The paper discusses the relationship between rehabilitation as a penological objective and enforc... more The paper discusses the relationship between rehabilitation as a penological objective and enforcement of sentences in modern mechanisms of international criminal justice. Firstly, the process of designation of state of enforcement is discussed. The paper continues with discussion on penological objectives applied in the practice of enforcement of sentences. It is argued that rehabilitation indeed belongs to penological objectives on the international level. Lastly, the findings are applied to the sentencing practice of the ICC and its designation of State of enforcement. It is argued that the ICC's practice diverges from the approach of designation of State of enforcement at the ICTY, ICTR and SCSL and that amounts to adoption of rehabilitative approach to the implementation of its custodial sentences.
The paper evaluates the application of the Refugee Convention's exclusion clause under art. 1F ta... more The paper evaluates the application of the Refugee Convention's exclusion clause under art. 1F taking into account travaux préparatoires on the Convention, major case law of asylum authorities applying and interpreting the clause and the Refugee Agency's guidelines on application of the exclusion clause. The introductory section briefly touches the core language of art. 1F and the scope of its application within ratione loci and ratione temporis. Further subchapters examine in detail particular grounds for exclusion under subpara. (a) to (c). Notable space is devoted to acts of terrorism and interpretation of the exclusion clause's provisions on this matter. The following chapter begins with a summary of standard of proof regarding the exclusion clause and the paper finishes with a few concluding remarks on the applicability of the exclusion clause to the International Criminal Court's acquitted defendants.
The paper examines the Arms Trade Treaty´s final text with the overall evaluation of its loophole... more The paper examines the Arms Trade Treaty´s final text with the overall evaluation of its loopholes that might lower the potential of the treaty to contribute to its humanitarian goal, article by article and paragraph by paragraph. Several major provisions of the final treaty text are compared with the previous wordings of the treaty from the protracted, more than a decade lasting negotiation and drafting process. The introductory section starts with the examination of the disarmament law and arms control leading to overall presentation of the drafting process on the Arms Trade Treaty. The second section deals with the final treaty text and interpretation of its core provisions, starting with the preamble of the treaty including its principles followed by interpretation of the treaty´s normative body with the evaluation of the treaty´s scope, prohibitions and restrictions of conventional arms transfer. The paper concludes with a brief summary and final remarks stating the author´s overall opinion on the treaty´s destiny.
Introduction: The technology on the horizon Since time immemorial, new and advancing technologies... more Introduction: The technology on the horizon Since time immemorial, new and advancing technologies have played an integral part of facilitating warfare. One can easily recall the introduction of the chariot, crossbow, gun powder, airplane or the nuclear bomb. 1 Indeed, history has shown us how rapidly new weapon technologies proliferate. 2 The advanced technology answers the needs of the particular time period while giving the deploying party an advantage on the battlefield. The 21 st century armed conflicts can be characterized by two aspects. The first aspect of contemporary armed conflicts presents a changing layout of the battlefield. Targets are more mobile, more difficult to identify, especially among the civilian population in urban areas requiring new solutions for the States engaging in warfare. At the same time populations of States involved in armed conflicts are less tolerant to military casualties. 3 But there is also a legal and political desire to protect civilian population and property in 2 computer programming. 5 Thus civilian robotics are advancing from autonomous vacuum cleaners and underwater robots mapping the seabed to self-driving cars and swift trading programmes in the financial markets 6 . Simultaneously with the demands on civilian commercial markets militaries are naturally taking advantage of the technology as well. 7 This dissertation aims to examine the challenges present in the possible deployment of autonomous weapon systems (AWS) with regards to targeting requirements under international humanitarian law (IHL). The work does not attempt to be an exhaustive test of this military technology. Indeed, the discussion on AWS covers several different legal, ethical and policy issues that are beyond the scope of this dissertation. The work begins with an introductory part where the reader is given an insight into the development of this technology. Terminology commonly used in the discussion on this technology is explained as it is used regularly in the following legal examinations. The introductory part also includes examples of military technology in order to bridge the realm of science fiction discussion with the reality and anticipated development of this technology. Appropriate examples of military devices are also used in the following legal examinations to provide an insight into the battlefield practice and illustration of possible compliance of these devices with a particular rule of IHL when put to practice. The following chapter then examines the legal rules connected with the process of targeting and engaging on the battlefield with particular emphasis on AWS and their compliance with these rules. This chapter focuses on core principles of IHL, namely distinction, proportionality, military necessity and the requirement of taking feasible precautions. The chapter discusses hypothesis, suggestions and proposals on programming AWS in order to achieve compliance with the legal rules. The dissertation ends with final remarks concluding on the legality of AWS and particular legal issues that remain problematic for AWS and their compliance with IHL. Additionally the conclusion includes future prospects of this technology.