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Procedure before the International Criminal Court
Linhartová, Radka ; Ondřej, Jan (advisor) ; Bílková, Veronika (referee) ; Beránek, Milan (referee)
The paper analyses the trial before the International Criminal Court (ICC) in the light of theoretical models elaborated in the State traditions - the continental (inquisitorial) system and the Anglo-American (adversarial) system. Hypothesis from the beginning of this paper according to which the trial is predominantly based on features of the continental (inquisitorial) criminal procedure has been confirmed. Regulations comprise the trial procedure before the ICC contain mostly provisions typical for continental (inquisitorial) criminal procedure. The paper contain the case study of the first trial before the ICC (Thomas Lubanga case) with a view to procedural problems at this stage of the proceeding. The way of interpretation typical mainly for continental (inquisitorial) criminal procedure have been used as a solution of these problems.
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Collective Actions of the UN Security Council for Protection of Human Rights
Chrtová, Michaela ; Bílková, Veronika (advisor) ; Honusková, Věra (referee)
This thesis Collective Actions of the UN Security Council for the Protection of Human Rights deals with, as the title suggests, collective actions for the protection of human rights with the mandate of the UN Security Council. The thesis is divided into an introduction, conclusion, and four chapters. In the first chapter, the system of human rights protection is described, as it was set up within the newly-formed United Nations after World War II. This chapter also deals with collective actions of the UN Security Council, with or without the use of force, on a theoretical level, e.g. their authorization and possibility of measures that can be taken within the UN system against the perpetrator. Second chapter deals with examples of collective actions of the UN Security Council during the Cold War period. In this era, collective actions of the UN Security Council were authorized only twice, in case of South Africa as a reaction to their policy of apartheid, and in case of South Rhodesia as a reaction to the unilateral declaration of independence by the white minority government. Both cases are described in the chapter. The following chapter describes the development of human rights theories after the end of Cold War. With the end of the bipolar system, there is a shift in the perception of human...
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The nature and scope of the non-refoulement principle
Cenklová, Tereza ; Honusková, Věra (advisor) ; Bílková, Veronika (referee)
in English This thesis deals with the key principle of international refugee law which is the principle of non-refoulement. Thanks to this principle, entitled persons are protected from being returned to their country of origin where they would be in danger on the grounds listed in particular documents. The aim of my thesis is to define and analyze the nature, scope and content of this principle in particular international and regional documents and their subsequent comparison. The thesis itself is composed of seven main chapters. Chapter one contains a brief definition of the documents where the principle of non-refoulement is enshrined. Chapter two deals with the scope of the principle. The personal and territorial scope is examined in this chapter. In the third chapter, I focus on the nature of the principle in particular documents, the presence and interpretation of exceptions to the principle. I analyze primarily the Convention Relating to the Status of refugees in this chapter, since this Convention is the one containing exceptions to the principle. In the fourth chapter, I focus on the detailed analysis of the nature, scope and content of the principle in the particular documents. I examine which parts of the principle are identical or similar in those documents and which of them differ....
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The Status of Palestinian Refugees and Their Right to Return in International Law
Hanko, Jitka ; Šturma, Pavel (advisor) ; Bílková, Veronika (referee) ; Jílek, Dalibor (referee)
The situation of Palestinian refugees is one of the most burning issues related to the Arab-Israeli conflict. Its solution is at the same time one of the key conditions for the settlement of this conflict, whose beginning may be traced back already in connection with the first alija - the first wave of Jewish immigration after the anti - Semitic pogroms in 1881. The importance of this problem is confirmed e.g. by the text of the Resolution 242 (S/RES/242) of 1967, which considers the upright solution for Palestinian refugees as one of the prerequisites for lasting peace in the Middle East. This question has been subject of many peace negotiations between the representatives of the concerned states lately, which only illustrates the high international topicality of the given problem. The aim of the dissertation is to define the term Palestinian refugee in the historic, political and legal context and in this connection to determine the position of Palestinian refugees in international law as an initial point, which is followed by the international law analysis of their right to return. First part of the study therefore will try to make a systematic overview in the extent of the term Palestinian refugee. The second part of the dissertation analyses the right of return in the general level and then...
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Social Work in a Medical Department with a Geriatric Patient
Bílková, Veronika ; Vorlová, Marie (advisor) ; Janečková, Hana (referee)
The bachelor thesis introduces the role of medical-social worker/social worker during the process of planned release of geriatric senior from medical department. It results from demographic prognosis that the number of seniors in higher age will grow up constantly. Therefore the connection between social and medical area is important to ensure a quality and dignified style of life. The subject of geriatrics specialized in ill senior as a person with biological, psychological and social peculiarities. Health and social worker, who is a member of geriatric team, assists in ensuring this style of life by planning the process of release from medical department to senior's natural environment. The worker involves in this process senior's family and he applies his knowledge of social services, attitudes and methods of social work. He is professionally qualified for the work of health and social worker and social worker. Powered by TCPDF (www.tcpdf.org)
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Methods of reconciling internal and international conflicts and the concept of "transitional justice"
Vít, Jindřich ; Šturma, Pavel (advisor) ; Bílková, Veronika (referee)
The concept transitional justice refers to a wide range of measures which are applied in times of political and societal transformation. Its starting point is a state of widespread and grave violations of human rights which is typical for undemocratic rules, for times of conflicts including both national and international, but it also existed within some of traditionally democratic countries such as Canada or New Zealand in a form of systematic discrimination against the indigenous population. The target of transitional justice measures is to establish democratic system which protects human rights and fundamental freedoms as a reliable guarantee of sustainable peace. Transitional justice is sometimes considered to fall within measures strengthening the rule of law however some steps such as vetting may temporarily deform the rule of law and equality of citizens before the law which is its integral part. International law regulates transitional justice measures by means of international humanitarian law, international human rights law and international criminal law. International criminal law, or more generally measures of criminal law nature, has been in modern history the primary response to breaches of human rights. Later, other measures were added including those of judicial and non - judicial...
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The Legal Status of a Resistance Movement and the Analysis of its Acts Within the Israeli-Palestinian Conflict
Pohořská, Barbora ; Bílková, Veronika (advisor) ; Faix, Martin (referee)
The Israeli-Palestinian conflict brings up many questions considering and reaching into several different spheres, including the spheres of law. This thesis focuses on the question of the organized resistance movement against occupation and on its legal status. It is known that the inhabitants of every occupied territory are allowed to protect themselves and their territory from the occupier, thus they are allowed to resist the occupation and to claim a recognition of their resistance movement and of its acts as legal acts. Although the resistance movement is a well known term, there is no official definition of this movement and its legal framework is quite narrow; it only establishes the characteristics needed in order for its members to gain a status and a legal protection similar to the regular combatants. It is limited from its name that the resistance movement against occupation may only exists in the territory where an actual occupation takes place. In order to characterize the organized resistance movement against occupation in the Israeli-Palestinian conflict, it is necessary for this thesis to first answer several supporting questions concerning the actual status of the specific conflict and look closer whether or not is the concerned territory actually occupied. After reaching a...
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War crimes and crimes against humanity in the practice of the International Criminal Court
Rounová, Magdaléna ; Šturma, Pavel (advisor) ; Bílková, Veronika (referee)
This thesis deals with crimes against humanity and war crimes in the practice of the International Criminal Court, an institution established to prosecute the most serious crimes of concern to the international community as a whole (which include, in addition to the two types mentioned above, genocide and crimes of aggression). Prosecution of these crimes changed significantly from the military tribunals following World War II to the ad hoc tribunals for former Yugoslavia and Rwanda and finally to the International Criminal Court, which was created as a permanent international institution in 1998 at the Rome Conference and became operational in 2002 after its Statute reached the required number of ratifications. The aim of this thesis is to introduce how crimes against humanity and war crimes have been conceived in the practice of the International Criminal Court with respect to the development of their concept and prosecution by the previous criminal tribunals. The thesis is divided into three main chapters. In the first one, I introduce the topic, specifically the development of the idea to establish a permanent international criminal tribunal as well as its eventual establishment. Furthermore, the first chapter also includes a theoretical introduction to the jurisdiction of the International...
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Prohibition of Torture in the International Law and the Czech Republic
Hrstková, Simona ; Bílková, Veronika (advisor) ; Ondřej, Jan (referee)
This thesis examines the prohibition of torture and other forms of inhuman or degrading treatment or punishment which is one of the fundamental human rights. The basic goal of this work is to determine how is the prohibition of torture and other forms of ill-treatment enshrined and guaranteed at the international and national level. For this purpose, systems of human rights instruments and mechanisms created at the universal level by the United Nations and at the regional level by the Council of Europe are examined and compared with the national legislation of the Czech Republic. The thesis provides definitions of terms of torture, inhuman and degrading treatment or punishment and focuses on the international instruments and mechanisms of protection. It explains their scope, work, and competences and compares them with each other. As an outcome of this evaluation the work detects several areas in which the national legislation of the Czech Republic is not fully satisfactory and which should be therefore amended. Further, the thesis determines obligations of the Czech Republic which arise out of the right not to be tortured or subjected to other forms of ill-treatment and investigates how these obligations are implemented at the national level and how are enshrined in the national law. The most...
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The Role of the Secretary General in the United Nations
Ouzká, Tereza ; Bílková, Veronika (advisor) ; Faix, Martin (referee)
The goal of this Thesis entitled The Role of the Secretary General in the United Nations is to respond to the following questions: What is the role of the Secretary-General in the United Nations and how did the position change due to historical circumstances. The Thesis opens with a chapter dealing with the evolution from the League of Nations to the United Nations focusing on the role of the Secretary General. The next Chapter concentrates on the competences of the Secretary-General in relation to the other UN bodies. The third Chapter analyzes reforms proposed by several of the Secretaries General. The essay also discusses the diplomatic role of the Secretary General in the international environment and his/her relationship with non-governmental parties and the private sector. The text proposes examples illustrating successes and failures of the Secretaries General in specific situations. The Thesis also focuses on expanding of competences of the Secretary General achieved by individual representatives of this function. The text demonstrates that the Secretary General plays an important role in today's globalized society despite the fact that this position is often marginalized by the other UN bodies.
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