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Legal-Historical Aspects of Punishment of Nazi Criminals on the Background of the Adolf Eichmann Trial
Kohout, David ; Seltenreich, Radim (advisor) ; Vojáček, Ladislav (referee) ; Horák, Záboj (referee)
in English Dissertation Thesis David Kohout: Legal-Historical Aspects of Punishment of Nazi Criminals on the Background of the Adolf Eichmann Trial This Dissertation on the topic of "Legal-Historical Aspects of Punishment of Nazi Criminals on the Background of the Adolf Eichmann Trial" seeks to analyze the main approaches to the prosecution and punishment of the Nazi crimes. It was chosen to use the trial of Adolf Eichmann in Jerusalem in years 1961 - 1962 as a connecting thread of this whole work. It was so not only due to the individual remarkableness of the trial but also due to the fact that it was in many ways a very illustrative for the previous legal development until that time. Additionally, many commentators of this trial attribute it a great impact on the renewal of the interest in the prosecution of former Nazis who were implicated in perpetration of crimes committed until 1945 and who remained at large after the end of war. Therefore this Thesis goes beyond the Eichmann trial and focuses on its broader context in material but also personal sense (in the text it often referred to cases of prosecution of close collaborators of Adolf Eichmann). In the opening chapters this Dissertation, however, starts with events that go far back in time before the Adolf Eichmann trial. This is for the...
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The legacy of ICTY and its impact upon the Statue and the practice of the ICC
Vrobel, Jan ; Bílková, Veronika (advisor) ; Šturma, Pavel (referee)
Legacy of ICTY and its Impact on Statute and Case Law of ICC Establishing of International Criminal Court is a significant moment in evolution of international criminal law. It is the first permanent institution of international justice with personal jurisdiction and it was founded for one purpose only - to finally end the era of impunity for war criminals all over the world. But ICC didn't appear from nowhere. There was a long road towards its establishment and who knows if it would ever happen without influence of so called ad hoc tribunals, International Criminal Tribunal for the former Yugoslavia and International Criminal Tribunal for Rwanda. It is a sad truth that international criminal law made its biggest evolution as a reflection of the world's most horrible conflicts. The purpose of this thesis is to analyze a legacy of one of these tribunals, International Criminal Tribunal for the former Yugoslavia, and to explore its influence not only on the Statute of International Criminal Court, but also on its case law. International Criminal Court is not operating for long, but we can still notice many references on ICTY case law in its judgments. The reason for this research is my particular relation towards Balkan region as well as my interest in international justice in general. The thesis is composed...
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Radislav Krstić: the procedural conduct of the criminal proceedings before the ICTY
Kučera, Milan ; Šlosarčík, Ivo (advisor) ; Teichman, Miroslav (referee)
The Bachelor's thesis Radislav Krstić: the procedural progress of a criminal proceeding before ICTY is a case study analysing the fulfilment of the right to just trial in the Krstić case. The analysed subject was chosen for its close connection to the consolidation of the western Balkan countries, in which the Tribunal had become involved, that is mainly in pursuance of development of democratic institutions and judicial reforms. The ICTY's opportunity of consolidation originated from the Tribunal's judicial praxis, which had had to be convincing and just enough to have confirmed the leaders of these countries that the returned verdicts were in their interest as well. This way the Tribunal gained the credibility needed, and the countries of former Yugoslavia let it intervene with their internal affairs. Although a successful cooperation was established, the author asks himself whether the influence of mass media over the decision making of courts could have influenced trials before the International Criminal Tribunal for the former Yugoslavia. Therefore the thesis analyses the procedural progress with R. Krstić, who was the first one convicted of genocide, and received one of the three most severe sentences of that time. Consequently, the author analyses the most significant provisions of the Rules...
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Subject Matter Jurisdiction of the International Criminal Court
Bureš, Jan ; Šturma, Pavel (advisor) ; Čepelka, Čestmír (referee) ; Bílková, Veronika (referee)
in English The theme of this dissertation is the subject matter jurisdiction of the International Criminal Court (ICC). Offences such as aggression, genocide, crimes against humanity and war crimes, sometimes called the "core crimes", are the most serious crimes ever indentified under international law. These crimes do not violate only some particular rights, but they threaten the whole international community, peace, security and well-being of the world. Therefore it is essential to have a precise legal definition of these grave crimes and to establish an effective judicial mechanism for prosecution of the most dangerous criminals. However, it is not easy to find general consent on these matters among the international community. There is not much space for internationalisation in the field of criminal law, which was traditionally considered an important part of national sovereignty. Thus the path towards establishment of the ICC, which is the first permanent international criminal judicial body ever, was extremely difficult, as was definition of the four core crimes falling within its jurisdiction. This thesis scrutinises the concrete provisions of the ICC Statute, the "Rome Statute", which constitute substantive law by defining the crime of genocide (art. 6), crimes against humanity (art. 7), war...
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Legal-Historical Aspects of Punishment of Nazi Criminals on the Background of the Adolf Eichmann Trial
Kohout, David
in English Dissertation Thesis David Kohout: Legal-Historical Aspects of Punishment of Nazi Criminals on the Background of the Adolf Eichmann Trial This Dissertation on the topic of "Legal-Historical Aspects of Punishment of Nazi Criminals on the Background of the Adolf Eichmann Trial" seeks to analyze the main approaches to the prosecution and punishment of the Nazi crimes. It was chosen to use the trial of Adolf Eichmann in Jerusalem in years 1961 - 1962 as a connecting thread of this whole work. It was so not only due to the individual remarkableness of the trial but also due to the fact that it was in many ways a very illustrative for the previous legal development until that time. Additionally, many commentators of this trial attribute it a great impact on the renewal of the interest in the prosecution of former Nazis who were implicated in perpetration of crimes committed until 1945 and who remained at large after the end of war. Therefore this Thesis goes beyond the Eichmann trial and focuses on its broader context in material but also personal sense (in the text it often referred to cases of prosecution of close collaborators of Adolf Eichmann). In the opening chapters this Dissertation, however, starts with events that go far back in time before the Adolf Eichmann trial. This is for the...
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Sexual violence against women during an armed conflict - the role of international criminal tribunals
Rejzková, Barbora ; Hýbnerová, Stanislava (advisor) ; Honusková, Věra (referee)
- Sexual violence on women in armed conflicts - the role of the international criminal courts The main purpose of the thesis is to analyse the role of international criminal courts notably the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda. It will analyse the process of the development of the international individual criminal responsibility of the perpetrators of sexual violence on women in the course of war. Sexual violence on women played an almost integral part of every armed conflict since the beginning of warfare. Despite this fact, the topic of sexual violence on women has been, until recently, generally ignored by politicians, historians and lawyers. The relevant treaties of the international humanitarian law also either ommited or trivialized rape and other crimes of a sexual nature. Not until the worst atrocities were committed in the armed conflict in the former Yugoslavia and Rwanda at the beginning of the nineties was the sexual violence recognized as a serious crime which causes great suffering to victims, both physically and mentoly, and has to be properly investigated and prosecuted. In respect of the fact, that sexual violence has, in the last decades, become a particularly effective weapon of war rather than a random...
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The Role of International Organisations in the Formation of Legal Norms in International Criminal Law
Mazánková, Zuzana ; Kochan, Jan (advisor) ; Trávníčková, Zuzana (referee)
The submitted bachelor thesis addresses the ongoing issue of international criminal law and the impact that international organisations have on it. Its main objective is to identify means by which the selected international organisations contribute to the development of legal norms in international criminal law, taking into account the existence of international non-governmental organisations besides intergovernmental ones. The first part presents a theoretical definition of international criminal law, its status in the context of international public law and clarification of concepts. Next parts of the thesis concentrate on the organisations themselves and analyses of their particular impacts on international criminal law and branches that contribute to its functioning.
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Criminal responsibility of the individual in international law
Kulhavá, Kateřina ; Drhlík, Alois (advisor)
kontext, vznik a vývoj individuální trestní odpovědnosti jednotlivce v mezinárodním právu; trestní odpovědnost jednotlivce za zločiny podle mezinárodního práva jako součást partikulární subjektivity jednotlivce; Norimberský a Tokijský tribunál, činnost Komise OSN pro mezinárodní právo, Mezinárodní trestní tribunál pro bývalou Jugoslávii, Mezinárodní trestní tribunál pro Rwandu, Zvláštní soud pro Sierra Leone, Mezinárodní trestní soud; aktuální pohled na individuální trestní odpovědnost jednotlivce v porovnání s jejími počátky
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