CYIL vol. 9 (2018)

CYIL 9 ȍ2018Ȏ INTERNATIONAL LAW ON THE USE OF FORCE… Besides consideration concerning general State practice, it is necessary to pay particular attention to State practice at the individual level. It will likely more often than not appear that the practice even of one single State shows considerable variation. As for example, authors refer to position of the Czech President and contradictory position of the Czech Minister of Foreign Affairs (MFA) concerning the use of force by allies in reaction to deployment of chemical weapons in Syria, or position of the German Chancellor and its assessment by the German Parliament’s Research Service ( Wissenschaftliche Dienste ). 51 According to the ILC, where the practice of a particular State varies, the weight to be given to that practice may be reduced. 52 Where such a conflicting pronouncements are available, they will be assessed in the light of criteria specified by the ILC. It is obvious that a difference in the practice of lower and higher organs of the same State is unlikely to result in less weight being given to the practice of the higher organ. The practice of organs of a central government will often be more significant than that of constituent units of a federal State or political subdivisions of the State; and the practice of the executive branch will often be the most relevant on the international plane, though account may need to be taken of the constitutional position of the various organs in question. 53 With respect to the given example of the Czech Republic, position of the MFA would be decisive as it is the government and not the President who is responsible for determination and administration of foreign policy. With respect to interpretation of individual state practice, while acts of state practice do not have a legally binding force by themselves such as unilateral acts, state practice is in many ways of a similar nature to unilateral acts – it should be therefore assessed in the light of interpretative principles related to unilateral acts. 54 51 MFA expressed support for the military campaign stating that the Czech Republic understands the US and allies’ military action as a clear message to anyone, who would want to carry on with the chemical attacks in Syria. Cf. MFA, Statement of the MFA on the current development in Syria [online] In: MFA Statements – Ministry of Foreign Affairs of the Czech Republic . Available at: https://www.mzv.cz/jnp/en/issues_and_press/mfa_statements/ x2018_04_14_statement_of_the_mfa_on_syria.html [2018-07-03]. Quite contrary, President Zeman strongly denounced the air strikes and described them as a cowboy action. Cf . Zeman kritizoval útok v Sýrii, protože neměl mandát od RB OSN. [online] In: České noviny. Available at: http://www.ceskenoviny.cz/zpravy/zeman- kritizoval-utok-v-syrii-protoze-nemel-mandat-od-rb-osn/1609776 [2018-07-03]. German Chancellor, Angela Merkel, described air strikes as necessary and appropriate to preserve the effectiveness of the international ban on the use of chemical weapons and to warn the Syrian regime against further violations. Cf . Germany’s Merkel backs air strikes on Syria as ‘necessary and appropriate’. [online] In: Reuters – World News . Available at: https://www.reuters.com/article/us-mideast-crisis-syria-germany/germanys-merkel-backs- air-strikes-on-syria-as-necessary-and-appropriate-idUSKBN1HL0H6 [2018-07-03]. The Parliament’s Research Service, though an entity which can barely be considered organ of a State under the rules contained in the Draft Articles on Responsibility of States for Internationally Wrongful Acts, he use of force constituted a violation of international law and UN Charter Article 2(4), respectively. Cf. SCHMIDT, Dennis. Germany’s Research Report on the Syria Strikes: Unlawful Acts of Reprisal [online]. In: Just Security . Available at: https://www. justsecurity.org/55852/germanys-research-report-syria-strikes-unlawful-acts-reprisal/ [2018-07-03]. 52 ILC, A/71/10, pp. 93-94. 53 Ibid . 54 ILC, A/61/10, pp. 377-378. Here, most relevant is Guiding Principle 7: A unilateral declaration entails obligations for the formulating State only if it is stated in clear and specific terms. In the case of doubt as to the scope of the obligations resulting from such a declaration, such obligations must be interpreted in a restrictive manner. In interpreting the content of such obligations, weight shall be given first and foremost to the text of the declaration, together with the context and the circumstances in which it was formulated.

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