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Jurisdiction over international crimes and the Rohingya case
Malina, Václav ; Bílková, Veronika (advisor) ; Honusková, Věra (referee)
Jurisdiction over international crimes and the Rohingya case Abstract This thesis discusses the situation of the Rohingya minority in Myanmar in relation to two court cases that have been initiated in recent years before the International Criminal Court and the International Court of Justice. The thesis examines whether the elements of the crime of genocide and selected crimes against humanity, i.e. crimes of deportation, persecution and other inhumane acts, have been fulfilled. After summarizing the historical development of modern Myanmar and the position of the Rohingya in Myanmar society, the thesis identifies the individual elements of the selected crimes under international law, which were chosen for the thesis based on the aforementioned ongoing proceedings. Furthermore, the author evaluates the previous decisions of the two judicial institutions and comments upon them on the basis of secondary literature. The question of state responsibility for breaches of obligations under international law and the position of victims in international criminal proceedings are also approached in relation to the Rohingya cases. In the final chapter of the thesis, the author not only assesses the chances of success for both prosecutors and victims, but also looks for the relevance of international (criminal) law in...
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Redefinition of Sweden's security policy at the turn of millennium
Malina, Václav ; Weiss, Tomáš (advisor) ; Váška, Jan (referee)
This thesis verifies a statement that the specific Swedish security policy of military non- alignment, reformulated from a policy of neutrality after the end of the Cold War, was compatible with Sweden's involvement in the European integration structures between 1990 and 2009. Compatibility is assessed based on a definition of military non-alignment, consisting of a general condition of non-participation in military alliances, or in other words the non- existence of mutual security guarantees, as well as two specific Swedish conditions, independent foreign policy and resistance to common defence. Regarding independent foreign policy, EU's CFSP retained unanimous decisions about basic outline and did not violate Sweden's independence in this field. Concerning resistance to common defence, CSDP did not lead to mutual security guarantees or a unified army. Even further away from this is NATO's Partnership for Peace programme. Solidarity Declaration and Lisbon Treaty constituted a threat to Sweden's military non-alignment, yet the country insisted it decided about the military assistance to other countries on its own. Nordic and Nordic-Baltic defence cooperation did not endanger Sweden's specific policy. Instead, it proved that the functional approach to security policy, applied by Nordic countries, is...
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