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When sexual violence is weaponised: CRSV through the prisim of the international criminal law.
Opat, Tomáš ; Lipovský, Milan (advisor) ; Balaš, Vladimír (referee)
1 When sexual violence is weaponised: CRSV as a violation of international criminal law Abstract The aim of this thesis is to describe the legal regime of sexual violence in armed conflicts, with a special focus on international criminal law provisions. This work is divided into six parts that focus especially on legal provisions of the statutes of the International Criminal Tribunals for Former Yugoslavia, the International Criminal Tribunal for Rwanda as well as on the Rome Statute of the International Criminal Court and decisions of those international judicial bodies in cases involving sexual violence. The first part introduces to the reader basic terms and concepts that will follow them throughout this work. Additionally, a small subpart is dedicated to the Women, Peace and Security agenda introduced by the UN Security Council Resolution 1325 that, among other themes, highlights the necessity of strengthened international focus and cooperation in fighting sexual violence in armed conflicts. The second part deals mainly with the historical context of the adoption of the prohibition of sexual violence in armed conflicts and describe the development in approach of international law towards this crime, from general prohibitions of rape to specific enumeration of norms prohibiting sexual violence in...
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Plea Bargaining at International Criminal Courts
Bartizalová, Markéta ; Bohuslav, Lukáš (referee)
S C H O O L O F L AW M A S A RY K U N I V E R S I T Y T H E O R E T I C A L L E G A L S C I E N C E S C R I M I N A L L A W D E P A R T M E N T ABSTRAC T DI S S E RTAT I O N TH E S I S P L E A B A R G A I N I N G A T I N T E R N A T I O N A L C R I M I N A L C O U R T S M A R K É TA B A RT I Z A L O V Á 2 0 1 6 ABSTRACT The subject of this thesis is the practice of plea bargaining in international criminal courts. The thesis generally deals with functions of international criminal law and goals of international criminal tribunals. Critical analysis of whether use of plea bargaining is compatible with these functions and goals follows. Based on research of existing practice of the courts and disputation on arguments of supporters and critics of plea bargaining, the thesis comes to the conclusion, that even though plea bargaining might, in some cases, prove itself as a useful tool for international justice, it remains highly controversial and must be used with the highest caution. If used inappropriately it very easy may cause much damage a may have fatal impact on evaluation of the practice of international criminal tribunals, their legitimacy, and together with that on evolution of international criminal law in general. KEY WORDS international criminal law, plea bargaining, international criminal tribunals,...
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Plea Bargaining at International Criminal Courts
Bartizalová, Markéta ; Bohuslav, Lukáš (referee)
S C H O O L O F L AW M A S A RY K U N I V E R S I T Y T H E O R E T I C A L L E G A L S C I E N C E S C R I M I N A L L A W D E P A R T M E N T ABSTRAC T DI S S E RTAT I O N TH E S I S P L E A B A R G A I N I N G A T I N T E R N A T I O N A L C R I M I N A L C O U R T S M A R K É TA B A RT I Z A L O V Á 2 0 1 6 ABSTRACT The subject of this thesis is the practice of plea bargaining in international criminal courts. The thesis generally deals with functions of international criminal law and goals of international criminal tribunals. Critical analysis of whether use of plea bargaining is compatible with these functions and goals follows. Based on research of existing practice of the courts and disputation on arguments of supporters and critics of plea bargaining, the thesis comes to the conclusion, that even though plea bargaining might, in some cases, prove itself as a useful tool for international justice, it remains highly controversial and must be used with the highest caution. If used inappropriately it very easy may cause much damage a may have fatal impact on evaluation of the practice of international criminal tribunals, their legitimacy, and together with that on evolution of international criminal law in general. KEY WORDS international criminal law, plea bargaining, international criminal tribunals,...
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Impact of ICTY on international criminal law with respect to judgments concerning Bosnian Serbs
Kohoutová, Marie ; Hofmeisterová, Karin (advisor) ; Žíla, Ondřej (referee)
The bachelor's thesis focuses on changes in international criminal law after creation of International Criminal Tribunal for the former Yugoslavia (ICTY). The impact on internatinal criminal law examines especially with respect to chosen judgements concerning Bosnian Serbs. For this aim it uses mainly an analysis of primary sources, such as judgements of International criminal tribunal for the former Yugoslavia, its founding documents or Un resolutions, and also an analysis of secondary sources concerning international law and historical context of a conflict in Bosnia and Herzegovina. The conclusion of the thesis is based on an analysis of al the sources with respect to current problematics in the area of international criminal law. The study concludes that ICTY definitely had an impact on further functioning of international criminal law, because it was the first judicial institution after the Nuremberg trials that took place almost fifty years ago. The impact of ICTY can be seen on countless legal definitions that ICTY created or specified and also on giving accuracy to many facts of the cases of crimes under international law.
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Tokyo Tribunal and Its Contribution to International Criminal Law
Kasáš, Alex ; Bílková, Veronika (advisor) ; Lipovský, Milan (referee)
The Tokyo Tribunal and Its Contribution to International Criminal Law Abstract The aims of my thesis are to analyze whether the principle of legality (nullum crimen sine lege, nulla poena sine lege) has been breached by The Tokyo Tribunal and to evaluate the Tribunal's contribution to the field of international criminal law. The work is divided into five chapters. First two, The Charter and The Indictment outline the establishment and jurisdiction of the Tribunal, the rules of proceedings, counts of the indictment and the accused. The remaining three chapters are a compilation of legal argumentation with a focus on the arguments concerning the principle of legality: Crimes under International Law before the Post-War Tribunals summarizes the opinions of international commissions, The Judgement the opinions of majority judges and The Minority Opinions the opinions of minority judges. In the Conclusion, I argue that while the principle of legality was breached, the adherence to it is a matter of choice between the doctrine of strict liability and that of substantive justice and I identify the affirmation of The Nuremberg Principles, the notion of conspiracy to commit aggression as a separate crime and extending the scope of the command responsibility doctrine as the Tribunal's contribution to international...
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General prof. JUDr. Bohuslav Ečer
Dudáš, Michal ; Koura, Petr (referee) ; Hnilica, Jiří (referee)
In my thesis I focused on the czech lawyer and jurist JUDr. Bohuslav Ečer. He became one of the main ideologist of international criminal law thanks to his hard work . He represeted Czechoslovakia during the Nuremberg trials after World War II. I also watched his life after the end of the Nuremberg trials, when Bohuslav Eček got into STB's viewfinder and a rigid political process was being prepared against him. KEYWORDS Key words: Bohuslav Ečer, war crimes, Nuremberg trials, International criminal law, International military tribune, Hermann Göring, Joachim Ribbentrop, Hans Lammers, Kurt Daluege, Wilhelm Keitel, StB
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Protection of Cultural Heritage in International Criminal Law
Ryška, Ivan ; Faix, Martin (advisor) ; Balaš, Vladimír (referee)
and Key words Master's Thesis: Protection of Cultural Heritage in International Criminal Law Abstract The aim of this master's thesis is mostly showing progressive development in understanding of protection of cultural heritage in International Criminal Law. There is special focus on development in recent years which is illustrated by Al Mahdi case- destroying cultural heritage in Timbuktu before International Criminal Court. This thesis is subdivided into three parts. The firts part is of descriptive nature and its goal is definition of basic notions, specification of issue of protection of cultural heritage and its setting in International Law. It also covers role of international agreements and international organizations in this issue. Finally it examines how International Criminal Law deals with protection of cultural heritage as well. There is stress on explanation of progressive development in understanding of protection of cultural heritage and reasons that caused it. The second part of thesis is mostly focused on Al Mahdi case that was tried before International Criminal Court. First there is brief characteristic of situation in Mali during armed conflict and description of area that was damaged too. Then there is specification of objective elements of crime and description of approach of...
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Duress as Ground for Excluding Criminal Responsibility in International Criminal Law
Hladíková, Eva ; Bílková, Veronika (referee) ; Honusková, Věra (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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Bohuslav Ečer-his life and work
Dudáš, Michal ; Hnilica, Jiří (advisor) ; Koura, Petr (referee)
In my thesis I focused on the czech lawyer and jurist JUDr. Bohuslav Ečer. He became one of the main ideologist of international criminal law thanks to his hard work . He represeted Czechoslovakia during the Nuremberg trials after World War II.
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Legal Aspects of Cooperation between the International Criminal Court and the Czech Republic
Opatová, Helena ; Bílková, Veronika (advisor) ; Balaš, Vladimír (referee)
1 Abstract This thesis presents an analysis of the mutual relationship between the Rome Statute of the International Criminal Court and the legislation of the Czech Republic with a special regard to the legal obligation of the Czech Republic to cooperate with the International Criminal Court. The Czech Republic committed itself by the ratification of the Statute of the International Criminal Court (Rome Statute) to provide international judicial cooperation to the International Criminal Court. For this reason the thesis attempts, via analysis of legal instruments, to compare the link between the Rome Statute and the relevant Czech legislation, especially the constitutional and criminal law. The purpose of this thesis was to find answers for the following questions: whether the Rome Statute is in accordance with the constitutional order of the Czech Republic, whether the crimes in the jurisdiction of the International Criminal Court are sufficiently covered by the Czech criminal law and whether the Czech law allows procedural steps required by the Rome Statute.
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