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Development of international criminal law in the context of the war in former Yugoslavia
Hlaváček, David ; Hýbnerová, Stanislava (advisor) ; Bílková, Veronika (referee)
Univerzita Karlova v Praze Právnická fakulta David Hlaváček ROZVOJ MEZINÁRODNÍHO TRESTNÍHO PRÁVA V KONTEXTU VÁLKY V BÝVALÉ JUGOSLÁVII Diplomová práce Vedoucí diplomové práce: doc. PhDr. Stanislava Hýbnerová, CSc. Katedra mezinárodního práva Datum uzavření rukopisu: 21. ledna 2015 Summary of the Thesis: The introductory historical overview (chapter two) gives an insight into the merits of the military conflict in the former Yugoslavia and lists the most fundamental causes behind this scandalous period of modern European history. Next, in chapter three, the thesis focuses on the impacts of this ongoing war on the international communities and their reactions, as well as on the particular measures taken by the United Nations, the universal platform established for these purposes. The most significant of these measures is undoubtedly the establishing of the International Criminal Tribunal for the former Yugoslavia (ICTY), which prosecutes crimes against humanity, genocide, grave breaches of the Geneva Conventions and violations of the laws or customs of war. For the first time after forty years, the international criminal law had been applied. Before that, there was no institution entitled to enforce this law within the international criminal justice. In chapter four, the ICTY is characterized and described,...
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Circumstances excluding liability in international criminal law
Hodysová, Eliška ; Šturma, Pavel (advisor) ; Ondřej, Jan (referee)
Grounds for Excluding Criminal Responsibility in International Criminal Law This thesis aims on currently two most discussed grounds for excluding criminal responsibility (defenses) in international criminal law: defense of duress and defense of superior order. First of them emerges from a situation in which a perpetrator is forced by threat to commit a crime under international law. The second one addresses a question whether a person should be re- sponsible for a crime committed pursuant to an order of a Government or of a superior. Regarding the structure of the army, it is not surprising that there these two defenses occur together in many cases and that they arise from the very same situation. However, they should not be mistaken one for another. The aim of this thesis is to analyze the most significant case law on the topic and to research what was the background for the formulation of the articles on defense of duress and superior order in the Rome Statute of ICC. The paper also examines the deficiencies of the regulation of duress and superior order in the Rome Statute and their possible improvement. The thesis is composed of 5 chapters. The first chapter is introductory and describes used meth- odology of the paper and its structure. Chapter number two deals with grounds for excluding...
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Duress as a defence in international criminal law
Hladíková, Eva ; Bílková, Veronika (advisor) ; Šturma, Pavel (referee)
This thesis aims on the issue of duress as ground for excluding criminal responsibility in international criminal law. Duress arises from a situation when a perpetrator is forced under a threat of immediate death or bodily harm to commit a crime under international law. This thesis shortly explores duress in national legal systems, especially the differences between the duress in common law and in civil law jurisdiction. It further considers the use of duress as an argument of defence in history of international criminal law and focuses on two key judicial decisions in this area - the Einsatzgruppen case decided by the American military tribunal after the Second World War and Erdemović case decided by the International Criminal Tribunal for Former Yugoslavia. This thesis discusses with complexity the individual characteristics and conditions of duress. These characteristics and conditions are as follows: i) conduct alleged to constitute a crime under international law, ii) threat of imminent death or of serious bodily harm, iii) necessary acts to avoid threat (subsidiarity) iv) reasonable acts to avoid threat (proportionality), v) the situation leading to duress must not have been voluntarily brought about by the person coerced and vi) person coerced did not have a duty to bear this threat. Duress...
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The position of victims of human rights violation in international law with a special regard to victims of serious violation of human rights and humanitarian international law
Kristková, Veronika ; Hýbnerová, Stanislava (advisor) ; Ondřej, Jan (referee) ; Jeřábková, Věra (referee)
Ph.D. Thesis ABSTRACT Mgr. Veronika Kristková, LL.M., 2013 Position of victims of human rights violations in international law with focus on victims of serious violations of human rights and international humantiarian law This work focuses within the broad theme of " Position of the victims of the human rights violations in international law" on victims of serious human rights violations and serious violations of international humanitarian law (hereinafter only serious violations). The author decided to focus on the victims of serious violations because the research revealed that while the rights of victims of human rights violations are in general relatively settled in theory as well in practice of international law, the rights of the victims of serious violations is an area, which raises several doctrinal questions, encountered rapid development in recent years and continues to develop. Analysis of the rights of the victims of serious violations necessary must be based on the rights of the victims of human rights violations in general, which serves as a baseline for the analysis of the rights of the victims of serious violations. Only in comparison with the general rights of the victims of human rights violations the specificities of the rights of the victims of serious violations stand up. First the work...
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Immunity of State Officials under International Criminal Law
Dürr, Christoph ; Bílková, Veronika (advisor) ; Balaš, Vladimír (referee)
This thesis presents an analysis of the history and current state of state official immunity in international criminal law. First, I define the most relevant legal concepts. These include: (a) individual criminal responsibility; (b) international criminal law; (c) criminal jurisdiction; (d) the distinction between state immunity, diplomatic immunity, and immunity of state senior state officials; (e) imunity ratione personae and immunity ratione materiae; and (f) state officials. Given the distinictions between national and international fora, different sets of legal issues concerning immunity arise before them. I thus deal with the two types of immunity seperately. In so doing, I present and analyze specific court descisions supporting or rejecting immunity. I argue that the case law and doctrine indicate that a number of conceptual questions remain unresolved.
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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 Development and the Role of International Criminal Justice in Today's World
Permanová, Lucie ; Pulgret, Miroslav (advisor) ; Karásek, Tomáš (referee) ; Karlas, Jan (referee)
This thesis deals with international criminal justice, which began to influence international politics during the last twenty years. After the end of the Cold War, a lot of armed conflicts were breaking out. They were accompanied by unprecedented inhuman acts and atrocities. The international community had to find a solution for how to respond to such events. In 1993, the United Nations Security Council acted under Chapter VII of The Charter of the United Nations and decided unanimously upon the establishing of an ad hoc International Criminal Tribunal for the Former Yugoslavia. The Tribunal's role was to prosecute persons responsible for serious violations of international humanitarian law committed during the Balkans conflict. A year later, in 1994, the Security Council decided to establish another ad hoc tribunal - The International Criminal Tribunal for Rwanda, which served to punish the architects of Rwandan genocide. Both tribunals sped up negotiations and the decision to establish the permanent International Criminal Court, whose objective is to help end impunity for the perpetrators of the most serious crimes of concern to the international community. The crime of genocide, war crimes, crimes against humanity and in the future the crime of aggression. Firstly, this thesis analyses the ad...
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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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