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Crime of Aggression under the Rome Statute of ICC
Slavník, Lukáš ; Lipovský, Milan (advisor) ; Šturma, Pavel (referee)
Crime of Aggression under the Rome Statute of ICC Abstract The jurisdiction of the International Criminal Court over the Crime of Aggression, which has been defined at the Review Conference in Kampala, 2010, will be activated on 17th of July 2018. This paper is summarizing more than seventy years of continuing development of a definition of the Crime of Aggression which has started after the Second World War during so-called Nurnberg Trials (a forerunner of the Crime of Aggression - Crimes Against Peace have been tried during these trials) and which will be, at least for now, completed upon the activation of the jurisdiction of the International Criminal Court and upon a completion of the Rome Statute. This paper deals not only with the history of the Crime of Aggression but also with its position as a crime under the international law with a connection to other crimes which can be prosecuted before the International Criminal Court. Furthermore, it analyses the main elements of the crime with a focus on difficulties which can potentially come up once they are used in practice. A special part of this paper is focused on jurisdiction of the International Criminal Court over the Crime of Aggression, which has not quite met expectations from international society, as it seems that in case of state referral or...
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The role of the UN Security Council in front of the ICC
Mihai, Vlad ; Lipovský, Milan (advisor) ; Pulgret, Miroslav (referee)
The relationship betweeen the International Criminal Court and the United Nations Security Council holds important value because, as a people, we are striving for a change towards a universal justice system, rather than a nationalistic conflictual one. To assess the progress, a closer look is necessary at the issue at hand. If the ICC does not have a nation to support it, in order to serve as a deterrent, it does need a powerful organization behind it: the UNSC, or the interplay between the SC, ICC and the "executive body" of the international community. However, their relationship is convoluted in controversy, since it is believed to serve as a tool for the major powers when they see fit, thus deligitimizing its credibility as an overarching judicial organization meant to resolve inter-state conflicts, and punish those who commit the most heinous crimes, regardless of their nationality. The findings of this research will show that more factors weigh in, and, even though the UNSC does hold a tight grip and has the power to influence the proceedings before the ICC, there is a clear positive trajectory for the International Criminal Justice System; the author of the research believes it will only get better. Keywords International Criminal Court; UNSC; Rome Statute; International Criminal Law Range...
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Crimes under international law in the Rome Statute of the ICC and their prosecution
Huječek, Roman ; Lipovský, Milan (advisor) ; Faix, Martin (referee)
Crimes under International Law in the Rome Statute of the ICC and Their Prosecution Abstract This diploma thesis deals with crimes under international law in the Rome Statute of the International Criminal Court and their prosecution, with a special focus on the issues of applicability of senior state officials' international immunity when it comes down to the proceedings before this court. The first part of the thesis outlines the meaning of the term crimes under international law and explains the difference between this term and the terms international crimes and transnational crimes. Next, the prosecution of these crimes under international law is set within its historical context with a special focus on the period after the start of World War I. The second part discusses the International Criminal Court's jurisdiction and, mainly, each individual crime under international law and its definition in the Rome Statute. The second part ends with a chapter concerning mental elements of these crimes and particularly the institute of command responsibility. The third part describes the procedural provisions of the Rome Statute and it guides the reader all the way from the initiation of the proceedings to the enforcement of the court's decision. The third section also offers several practical examples regarding...
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Victims of the gravest crimes: The role of victims in legal proceedings before the International Criminal Court
Mocková, Eliška ; Lipovský, Milan (advisor) ; Honusková, Věra (referee)
1 Victims of the Gravest Crimes: The Role of Victims in Legal Proceedings Before the International Criminal Court Abstract This thesis analyzes the role of victims in the proceedings before the International Criminal Court, or the so-called victims' mandate of the ICC. The purpose is to comprehensively introduce their rights as well as the way in which this regulation is being applied. Therefore, the research question has two parts. The first part inquires into the current design of the victim's rights before the Court, while the second asks about the results of its application to the present day. Answers offered by the author of the thesis appear respectively in the second and the third chapter. The first chapter is focused on a historical development of the position of victims in the system of international criminal justice. It is of introductory nature and serves to highlight the historically unprecedented character of the role of victims before the ICC. Regarding the research method, the thesis analyzes the role of victims of crimes prosecuted by the ICC from both, theoretical as well as empirical angle. The purpose is to practically and comprehensively describe the regulation of victims before the ICC but also go beyond the "letter of the law" to see the legal regulation within its material context -...
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The Still evolving Principle of Universal Jurisdiction
Baumruk, Petra ; Šturma, Pavel (advisor) ; Bílková, Veronika (referee) ; Válek, Petr (referee)
The present study describes the nature, scope and application of universal jurisdiction as an important tool against impunity in international criminal law, in a straight forward manner, where inquiry into the recent developments of universal jurisdiction is undertaken. Forthwith, the formation of the principle of universal jurisdiction - especially its practical application - must be guided by international consensus, not through advocacy action of states with short term and narrow objectives. The thesis seeks to identify and observe how far the law of universal jurisdiction has actually evolved and how far we should expect it to evolve in the near future, considering its restrains and challenges. It is argued that the concept of state sovereignty, which constitutes the greatest impediment on the exercise of universal jurisdiction, has seen various changes to its fundamentals elements in the 21st Century. The aim is to look at the universality principle, not as an isolated part, but as part of a broader framework in modern international law and thus special attention is given to the relationship between universal jurisdiction and the principle of aut dedere aut judicare. These principles are interrelated, yet distinct, parallels in deterring commission of the most heinous offences of international...
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The Involvement of the International Criminal Court in Investigating Crimes outside Armed Conflict
Patková, Lucie ; Werkman, Kateřina (advisor) ; Pulgret, Miroslav (referee)
The thesis deals with the question, in which situation the International Criminal court would probably open an Investigation of such crimes by an international body is a delicate question mainly with regard to a great extend of intervention into a state sovereignty, which manifests itself also as jurisdictional sovereignty. The thesis focuses on the case of Kenyan post-election violence in years of 2007 and 2008 and the aim to suppress Libyan revolution of 2011. Besides, the work is based upon the theory of (liberal) institutionalism, which could hopefully be applied to the international-law case of investigation of the crimes committed outside an armed conflict. Within the framework of the thesis I try to reveal criteria determining whether the International Criminal court opens or not an investigation to a situation of human rights abuse. For the purpose I take into consideration world and local country status, character of the perpetrators, extend of the attacks, country's relation to the great powers, as well as readiness of the country to prosecute the perpetrators within the national jurisdiction. As conclusion I try t compare the findings from the part applying liberal institutionalism and from the case studies.
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The Rome Statute's Crime of Aggression following the Kampala Review Conference
Lipovský, Milan ; Šturma, Pavel (advisor) ; Ondřej, Jan (referee) ; Beránek, Milan (referee)
Title of the dissertation: The Rome Statute's Crime of Aggression following the Kampala Review Conference The definition of crime of aggression was adopted in 2010 to fill the gap in article 5 (2) of the Rome Statute of the International Criminal Court ("ICC"). Complicated discussions preceding the adoption have identified many problematic aspects within the definition, including the relationship between the ICC and the UN Security Council ("SC") - whether the SC would be the only body capable to commence proceedings for the crime of aggression or not; further including the legal status of humanitarian intervention for the purposes of its criminalization under the Rome Statute; position of a perpetrator of the crime - should only leaders be considered perpetrators or should "lower" state officials be included; how should the amendment enter into force - under article 121 (4) or 121 (5) of the Rome Statute; etc. Many of these questions have not been answered by the adopted definition in a satisfactory way and so while the international community was celebrating the success of the adoption of the "supreme crime's" definition, many (including the author of this dissertation) have been seriously disappointed by the short-comings of the adopted text. Scholars continue to better understand the...
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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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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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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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