International legal context of the declaration of a state of war under Article 43(1) of the Constitution

Abstract

In this contribution, we focused on the international law aspects of a declaration of a state of war under Article 43 paragraph 1 of the Constitution of the Czech Republic. In the first part, we draw attention to the fact that some of the criteria on the basis of which the Parliament of the Czech Republic decides on a declaration of a state of war are not always clearly understandable from an international law perspective.

Keywords

• martial law
• Constitution
• constitutional order
• Parliament of the Czech Republic
• self-defence
• armed attack