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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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The International Criminal Court and its subject-matter jurisdiction with regard to the crime of aggression
Kolářová, Michaela ; Šturma, Pavel (advisor) ; Ondřej, Jan (referee)
1 SUMMARY THE INTERNATIONAL CRIMINAL COURT AND ITS SUBJECT-MATTER JURISDICTION WITH REGARD TO THE CRIME OF AGGRESSION The current course of events concerning the crime of aggression and the search for its definition has undergone a remarkable shift during these days. In the light of the Revision Conference in Kampala, Uganda, whose declared aim was to evaluate the role and the up- to-date operation of the International Criminal Court as well as to find the definition of the crime of aggression and to set up the conditions to exercise the jurisdiction concerning the crime of aggression, the worldwide understanding of the conception of the crime of aggression has been significantly changed . The aim of this paper is to familiarize the reader with the problems regarding the crime of aggression, to describe the evolution of its conception in the field of international law within the last few decades and to provide the reader with a brief outline of some problematic questions which arose from the negotiations of the definition among the states. Further, the thesis attempts to depict the development of the negotiations themselves and to focus on the main disagreements, which the states had to face. The introductory chapter deals with some theoretical questions related to the international criminal justice. The...
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Death of Muammar Gaddafi and its international legal and political circumstances
Vokálek, Martin ; Rolenc, Jan Martin (advisor) ; Hlavsová, Aneta (referee)
The thesis deals with the events that predated the death of Muammar Gaddafi and particularly examines whether the subsequent reactions of the persons involved were in accordance with international law. The essence of a war crime and its definition in terms of international law is researched in the theoretical part of the thesis. Further tackled is the perspective of both the main actors of the conflict and the main institutions active in the field of international law, such as the UN or the International Criminal Court. The author subsequently describes and analyses the main circumstances in which the long-time leader of Libya Muammar Gaddafi died. On the basis of prior examination of the issue the thesis tries to answer the question of whether this case can be described as a war crime for which punishment should fall. The third part examines the reactions of the main actors who were influenced in the Libyan civil war. Of importanance is also the subsequent analysis of how was this incident reported in the media.
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The Comparison of the International Criminal Courts ad hoc and ICC
Heflerová, Markéta ; Grmelová, Nicole (advisor) ; Levý, Jan (referee)
This bachelor thesis deals with the issue of international criminal judiciary -- in particular it compares international criminal tribunals ad hoc with the International Criminal Court. In three chapters there are introduced at large the single courts: International Court for the former Yugoslavia, International Court for Rwanda, Special Court for Sierra Leone and the permanent International Criminal Court. There is analysed their agenda and functioning, or the participation of the Czech Republic in these institutions is mentioned. The thesis also contains a short essay in the case study form, which is solved differently by various courts.
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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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EU-USA: Partnership or Conflict
Šedivá, Linda ; Dvořáková, Vladimíra (advisor) ; Andrýsová, Lenka (referee)
The purpose of this thesis is to analyse the relationship between the EU and the USA with an emphasis on the period after the year 2000. The analysis was only possible with knowledge of preceding milestones that have formed the partnership, the thesis- therefore- begins with the period after the Second World War, to which the European Union can trace its roots. The thesis follows the changes in the relationship during the decades of the Cold War (long-term trends) and in the first decade after its end (short-term trends), and then, due to the broadness of the issue, concrete themes from the period after the year 2000. The thesis also examines the relationship in terms of partnership and conflict, and examines the reasons and events behind the motivation on both sides. The first chapter deals with the Europe-USA relationship development since 1945 and is divided into five parts according to post-war decades. The second chapter deals with the Europe (EU)-USA relationship development after the Cold War up to the beginning of the new millennium. The third chapter represents the centerpiece of the thesis- key issues in the transformation of the relationship. The chapter is divided into four subchapters: divergent and shared opinions on the fight against terrorism (Afghanistan, Iraq), divergent and shared opinions in relation to international organisations and treaties (the Kyoto Protocol, the International Criminal Court), divergent and shared opinions on solving the financial crisis. The fourth subchapter examines the transformation and continuity of the relationship after the accession of the Obama administration.
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Diplomatic Immunities vs Human Rights
Olahová, Kateřina ; Trávníčková, Zuzana (advisor) ; Sladký, Pavel (referee)
This thesis aims at description and analyses of the position of diplomatic immunities and human rights in international law, focusing on areas where these two sets of international rules clash. One objective of this work is an attempt to establish a hierarchy between norms granting diplomatic immunities and those protecting fundamental human rights, which could possibly resolve the collision. This solution, however, narrows down to one of most general principles of diplomatic relations, the principal of reciprocity. Mentioned are also some alternative approaches suggested for resolution of this conflict together with the obstacles, which prevent them from use. The thesis further looks at possible remedies against abuse of diplomatic immunity.
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