AUC IURIDICA
AUC IURIDICA

Acta Universitatis Carolinae Iuridica (AUCI) is the main journal of the Faculty of Law of Charles University. It has been published since 1954 and is one of the traditional law journals with a theoretical focus.

As a general law journal, it publishes longer studies and shorter articles on any relevant issues in legal theory and international, European and national law. AUCI also publishes material relating to current legislative issues. AUCI is a peer-reviewed journal and accepts submissions from both Czech and international authors. Contributions by foreign authors are published in their original language – Slovak, English, German, French.

AUCI is a theoretical journal for questions of state and law. It is published by Charles University in Prague, Faculty of Law, through Karolinum Press. It is published four times a year, the dates of publication can be found here.

Articles published in AUCI undergo an independent peer review process, which is anonymous on both sides. Reviewers from the field give their opinion on the scientific quality of the paper and the suitability of publication in the journal. In the case of comments, the opinion is sent back to the author with the possibility of revising the text (see Guidelines for Authors – Per Review Process for more details).

The AUCI journal (ISSN 0323-0619) is registered in the Czech National Bibliography (kept by the National Library of the Czech Republic) and in the Index to Foreign Legal Periodicals (kept by the American Association of Law Libraries). AUCI has been assigned a periodical registration number MK E 18585.

In 2021 the journal AUCI was the first journal of the Faculty of Law of Charles University to be included in the prestigious international database Scopus. This Elsevier database is the largest abstract and citation database of peer-reviewed literature in the world. The editors of the journal expect from the inclusion in the elite Scopus database not only an increase in the readership of the journal, but also an increase in interest in the publication of papers by both Czech and foreign authors.

AUCI is an open journal and all its content is published both on the faculty website and on the Karolinum Press website. Access to it is free of charge. The homepage of AUCI is on the Karolinum Press website.

The AUCI journal uses the Creative Commons license: CC BY 4.0.

Long-term archiving of the digital content of the journal is provided by Portico.

AUC IURIDICA, Vol 56 No 1 (2010), 73–80

Nový trend v odpovědnosti státu: individuální právo na odškodnění obětí závažných porušení mezinárodního humanitárního práva?

[New Trends in State Responsibility: Individual Claims for Compensation by Victims of Serious Violations of International Humanitarian Law?]

Pavel Šturma

published online: 04. 02. 2015

abstract

New Trends in State Responsibility: Individual Claims for Compensation by Victims of Serious Violations of International Humanitarian Law? The traditional concept of the State responsibility for internationally wrongful acts has been based on mostly bilateral inter-state relations. It includes the obligation of responsible State and the correlative right of the injured State to a cessation of the illegal act and to a reparation of damage. However, there are certain obligations in contemporary international law, in particular in the fields of human rights and international humanitarian law (IHL), which operate erga omnes (customary rules) or erga omnes partes (some multilateral treaties). In case of violation of such obligations, any State may claim a cessation and reparation for a directly injured State or other beneficiaries of the breached obligation. As individuals are beneficiaries of the obligations in the above mentioned areas, they may receive a compensation of loss and damage suffered. It may be of great importance in case of violations of IHL applicable in armed conflicts. However, the correlative right of individual victims of violations of the rules of IHL to claim compensation is very limited, if any. Therefore this contribution aims at analyzing possible ways how the individual victims could claim compensation under international law. Leaving aside the traditional mechanism of diplomatic protection, there seem to be basically three possible procedural mechanisms: (1) national courts, (2) international courts (such as the European Court of Human Rights or the International Criminal Courts) and (3) compensation commissions. The last ones can better address the compensation for violations of IHL because they have no problem with the jurisdictional immunity of States (an obstacle to national courts) and are not constrained to operate within the specific treaty regime (as regional human rights courts do). At this stage, it would be premature to conclude that the right to compensation of individual victims was already well established as lex lata. Nevertheless, it seems to be a very interesting element of progressive development of international law.

Creative Commons License
Nový trend v odpovědnosti státu: individuální právo na odškodnění obětí závažných porušení mezinárodního humanitárního práva? is licensed under a Creative Commons Attribution 4.0 International License.

230 x 157 mm
periodicity: 4 x per year
print price: 65 czk
ISSN: 0323-0619
E-ISSN: 2336-6478

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