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Crimes against humanity in the practice of the International Criminal Court.
Balšánek, Marek ; Šturma, Pavel (advisor) ; Bílková, Veronika (referee)
1 Summary Crimes against humanity, together with war crimes, crime of agression and Genocide, create a group of so called crimes under the international law. For these crimes it is characteristical that they are so grave and so dangerous that their punishment is a matter of the whole international community. Such punishment for these crimes has already been carried out several times on international level. As an example we can use the tribunals for former Yugoslavia and Rwanda, which are still operating. This thesis deals with crimes against humanity in practice of International Criminal Court. This court, unlike the previous international criminal tribunals, is a permanent judicial institution. The main focus of the research is a substantive law characteristic of crimes against humanity i.e., physical and mental elements of these crimes. The aim of the thesis is to find out whether the International Criminal Court brought some progress to substantive law definition of aforementioned crimes. The thesis is divided into four chapters. The first chapter deals with the position of crimes against humanity in the system of the international law. The aim of this chapter is to define the basic terms of the subject and to determine the position of crimes against humanity in the system of the international law. The...
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Legal Aspects of Cooperation between the International Criminal Court and the Czech Republic
Opatová, Helena ; Bílková, Veronika (advisor) ; Balaš, Vladimír (referee)
1 Abstract This thesis presents an analysis of the mutual relationship between the Rome Statute of the International Criminal Court and the legislation of the Czech Republic with a special regard to the legal obligation of the Czech Republic to cooperate with the International Criminal Court. The Czech Republic committed itself by the ratification of the Statute of the International Criminal Court (Rome Statute) to provide international judicial cooperation to the International Criminal Court. For this reason the thesis attempts, via analysis of legal instruments, to compare the link between the Rome Statute and the relevant Czech legislation, especially the constitutional and criminal law. The purpose of this thesis was to find answers for the following questions: whether the Rome Statute is in accordance with the constitutional order of the Czech Republic, whether the crimes in the jurisdiction of the International Criminal Court are sufficiently covered by the Czech criminal law and whether the Czech law allows procedural steps required by the Rome Statute.
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International Criminal Court and immunity of the head of state
Sádlová, Martina ; Šturma, Pavel (advisor) ; Balaš, Vladimír (referee)
THE INTERNATIONAL CRIMINAL COURT AND THE HEAD OF THE STATE IMMUNITY The thesis deals with the institute of immunities of the head of the state recognized under the international law and with its applicability before the International Criminal Court (hereinafter referred to as "ICC"). The aim of this thesis is to analyze the conflict between two international legal rules which is the obligation to prosecute and punish perpetrators of crimes under the international law, irrespective of the status of the offender, and the exclusion of heads of the state from the criminal jurisdiction because of the immunity that protects its bearer. According to the Rome Statute (hereinafter referred to as "Statute") which established the ICC its contractual party is obliged to surrender any accused person to the Court even if this person enjoys immunity. However another provision of the Statute says that the request for this surrender could be refused by the party if it broke an obligation which this party has against the state whose national is the accused person. The first chapter outlines the formation and the functioning of the Court. Subsequently, the work deals with theoretical terms such as the head of state, the individual responsibility or the immunity. It provides with the types of immunities a person could enjoy...
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The crime of aggression and the International Criminal Court
Matušinová, Anna ; Čepelka, Čestmír (advisor) ; Bílková, Veronika (referee)
The Rome Statute which came to existence in 1998 was a great step forward for international criminal law and its enforcement. Later, in 2002, the International Criminal Court was established in order to prosecute the most serious crimes according to the Statute - war crimes, genocide, crimes against humanity, and the crime of aggression. Only the first three mentioned were specified in the Statute, while the fourth one was not agreed upon, meaning that the ICC does not possess jurisdiction over this crime. The aim of the Revision Conference in Kampala in 2010 was to incorporate the definition of the crime of aggression into the Rome Statute. Finally, the International Court had to gain jurisdiction over a crime of aggression. However the expectations were not fully met. The states agreed upon the definition which they specified in the Rome Statute; nevertheless the jurisdiction of the ICC has not yet been activated. This will probably happen in 2017 at the earliest if preconditions and triggering mechanisms are completed. The purpose of the thesis The Crime of Aggression and the International Criminal Court is to examine the questions related to aggression. The thesis begins with the historical development of the concept and continues with the most relevant international law provisions connected to...
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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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The International Criminal Court and the principle of complementarity
Vyšňovská, Zuzana ; Bílková, Veronika (advisor) ; Balaš, Vladimír (referee)
The International Criminal Court and the principle of complementarity Abstract The principle of complementarity is often referred to as the cornerstone of the International Criminal Court's functioning ("Court" or "ICC"), so the purpose of my thesis is to analyze complementarity in more detail. The Preamble of the Rome Statute ("Statute") provides that the Court "shall be complementary to national criminal jurisdictions". Complementarity means that the ICC will act only when domestic authorities fail to take the certain steps in the investigation or prosecution of crimes enumerated under article 5 of the Statute. My thesis consists of seven chapters. First three chapters are introductory and show a historical and practical background of the establishment of the ICC. Chapter four explains that there exist various forms of the relationship between an international criminal jurisdiction and national jurisdictions, not just complementary. This chapter is subdivided into several parts which firstly describe a particular forms of these relationships and then give an example of such a relations existing in reality. The following chapter inquires into the roots of complementary idea. It highlights that the principle of complementarity included in the Statute was not the outcome of the International Law Commission's...
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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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The Czech Republic and the International Criminal Court
Opatová, Helena ; Bílková, Veronika (advisor) ; Šturma, Pavel (referee)
The diploma thesis analyzes the relationship between the Czech Republic and the International Criminal Court. The purpose of my research was to compare the Rome Statute, an international treaty by which the International Criminal Court was established in 1998, with the Czech constitutional and criminal law. The Czech Republic ratified the Rome Statute in 2009. The Czech Republic committed itself by this ratification to provide for international judicial cooperation and legal assistance to the International Criminal Court. It is necessary to realize that a lot of crimes against international criminal law happen in the today's world and many of these crimes are under the jurisdiction of the International Criminal Court. The Czech Republic has to be ready to act, if the need occurs, a so it is necessary to know how the Czech authorities would proceed and if all of the obligations under the Rome Statute are possible to be realized in accordance with the national law. For this reason this thesis attempts to clarify the link between the Rome Statute and the relevant Czech legislation. So I have made a comparison of the Rome Statute and Czech legal system and tried to find answers for the following questions: whether the Rome Statute is in accordance with the constitutional order of the Czech Republic,...
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The Recent Development of International Criminal Justice and the Newly Defined Crime of Aggression
Lhotský, Jan ; Balaš, Vladimír (referee) ; Bílková, Veronika (referee)
The purpose of the thesis is to discuss and analyse the relatively recently established international institution in terms of its proposed role as the guardian of the international criminal justice. Firstly, the circumstances are introduced that led the international community to the idea of creation of a permanent International Criminal Court. Furthermore the content of the Rome Statute and the jurisdiction of the Court covering crimes under international law are discussed. The thesis deals not only with the Court's advantages, but also with the relevant arguments of the states that are in opposition of the Court. Moreover an insight into the five current investigations is provided and the process of the Statute ratification in the Czech Republic analyzed. An important attention is devoted to the review conference in Kampala and the new definition of the Crime of Aggression that was accepted and should be activated after 2017. The analysis of the amendment concentrates on problems resulting from the narrow definition of the new crime and the specific conditions for the exercise of its jurisdiction that are related to the role of the UN Security Council. Based on the analyses from the thesis it is appropriate to conclude that although the Court is at the time not able to investigate every committed...
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Human rights in international criminal proceedings
Bureš, Pavel ; Šturma, Pavel (advisor) ; Čepelka, Čestmír (referee) ; David, Vladislav (referee)
Právnická fakulta Univerzity Karlovy v Praze Katedra mezinárodního práva Mgr. Pavel Bureš Human Rights in International Criminal Procedure Praha 2011 2 Abstract The rapid development of International Criminal Law in the second half of 20th century and especially on its end is marked by a proliferation of international criminal judicial organs and thereby by a huge increase and development of procedural norms determining these organs' jurisdiction and functioning but also specifying procedural status of individuals - suspected and accused persons, victims. The submitted thesis focuses on one of the aspects of individuals procedural status, namely their procedural guarantees - human rights in international criminal procedure. The analyse of human rights in international criminal procedure (the proceedings before International Criminal Court) was done having been backed by statutory regulations of international military tribunals and ad hoc tribunal for Former Yugoslavia and Rwanda and their case-law. The hypothetical start point was to consider that procedural guarantees in the ICC procedure established by Rome Statute in 1998 are on a highest level and more detailed than these guarantees enshrined in ad hoc tribunals Statutes and even in international universal or regional human rights protecting...
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