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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
Šejdová, Kateřina ; Trávníčková, Zuzana (advisor) ; Peterková, Jana (referee)
The first chapter briefly introduces the International Criminal Court, history of its forming, mechanisms of its functioning and jurisdiction. The framework of this thesis comprises of the description of single phases of originating the international agreement from its conclusion up to entering into force - both generally and in case of the Rome Statute of the International Criminal Court respectively, with the emphasize on the Czech role in forming of the International Criminal Court. This thesis focuses especially on the description of the ratification process in Czech Republic. It reviews chronologically the running of the ratification process of the Rome Statute of the International Criminal Court in the Czech Republic from 1999 to 2009 and reflects the development of the Czech political elites` approach to the activities of the International Criminal Court. Furthermore this thesis summarizes the political and academic debate on the legal character of the Rome Statute and reasons why the Rome Statute shall or shall not have been ratified. The last chapter briefly reflects the development of the Czech relation to the International Criminal Court after the Czech Republic has become an active contracting state of the Rome Statute.
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