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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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Prohibition of Torture in the International Law and the Czech Republic
Hrstková, Simona ; Bílková, Veronika (advisor) ; Ondřej, Jan (referee)
This thesis examines the prohibition of torture and other forms of inhuman or degrading treatment or punishment which is one of the fundamental human rights. The basic goal of this work is to determine how is the prohibition of torture and other forms of ill-treatment enshrined and guaranteed at the international and national level. For this purpose, systems of human rights instruments and mechanisms created at the universal level by the United Nations and at the regional level by the Council of Europe are examined and compared with the national legislation of the Czech Republic. The thesis provides definitions of terms of torture, inhuman and degrading treatment or punishment and focuses on the international instruments and mechanisms of protection. It explains their scope, work, and competences and compares them with each other. As an outcome of this evaluation the work detects several areas in which the national legislation of the Czech Republic is not fully satisfactory and which should be therefore amended. Further, the thesis determines obligations of the Czech Republic which arise out of the right not to be tortured or subjected to other forms of ill-treatment and investigates how these obligations are implemented at the national level and how are enshrined in the national law. The most...
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The Role of the Secretary General in the United Nations
Ouzká, Tereza ; Bílková, Veronika (advisor) ; Faix, Martin (referee)
The goal of this Thesis entitled The Role of the Secretary General in the United Nations is to respond to the following questions: What is the role of the Secretary-General in the United Nations and how did the position change due to historical circumstances. The Thesis opens with a chapter dealing with the evolution from the League of Nations to the United Nations focusing on the role of the Secretary General. The next Chapter concentrates on the competences of the Secretary-General in relation to the other UN bodies. The third Chapter analyzes reforms proposed by several of the Secretaries General. The essay also discusses the diplomatic role of the Secretary General in the international environment and his/her relationship with non-governmental parties and the private sector. The text proposes examples illustrating successes and failures of the Secretaries General in specific situations. The Thesis also focuses on expanding of competences of the Secretary General achieved by individual representatives of this function. The text demonstrates that the Secretary General plays an important role in today's globalized society despite the fact that this position is often marginalized by the other UN bodies.
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The legal status of internally displaced persons and refugees in international law
Kurucová, Irena ; Bílková, Veronika (advisor) ; Honusková, Věra (referee)
KURUCOVÁ, Irena: Legal status of internally desplaced persons and refugees in internal law. [Rigorous thesis]. Karlova univerzita v Praze. Právnická fakulta; Katedra Medzinárodného práva. Wars, human rights violations, and disasters which affect a significant part of the population, resulted also in the formation of the new category known as "internal refugees" or " the internally displaced persons". Although these people are situated in their own country, the mentioned events lead them to the conditions that not only menace their lives but also plunging them into a material and psychological hardship and to an uncertain future. The growing numbers of the internally displaced persons (from the first census in 1982) and the risks associated with them, led to the closer perception of this problem and actions aimed towards its detailed observation and formal capture. Therefore, the current efforts for a unified format of basic legal institutes and definitions in the area of internal migration gradually move towards universal and legally binding approach of internal migration issue, although the effort in this area is currently hindered by political resentment, national interests and in some areas also by unpreparedness to cover the displacement in a form of a concrete legal tool. Although the existing...
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Terrorist Attacks Against State Authorities in the Light of International Public Law
Pöslová, Ada ; Scheu, Harald Christian (advisor) ; Bílková, Veronika (referee)
The aim of this thesis is to review the level of the legal protection of state authorities, as appealing targets of terrorist attacks, at all levels, but especially with an emphasis on international legal regulation. The thesis is formally divided into seven chapters, which may be theoretically split into four areas that are actually very closely linked together. The first chapter presents an analysis of the two major terms fundamental to this thesis - terrorism and state authorities - and outlines the difficulties faced by the law in this area. The next part of the thesis, the second, third and fourth chapters, is then aimed at specific state authorities and examines the legal instruments dedicated solely to protecting them. The focus is on international sectoral conventions aimed at embassies, top state officials and issues of humanitarian law addressing matters related to the state's armed forces. The subsequent sections attempt to describe antiterrorism efforts in general at the international and regional levels. Emphasis is placed primarily on a detailed analysis of multilateral conventions adopted in this field and an attempt to evaluate their benefits and possible shortcomings in relation to state authorities. The seventh chapter is an excursion into Czech legal regulations and is primarily...
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Death penalty and the waiver of the right to life by committing an extremely serious crime
Neradová, Kateřina ; Bílková, Veronika (advisor) ; Ondřej, Jan (referee)
The aim of this thesis is to define, what is the position of right to life in the system of protection of human rights and whether is the death penalty a justifiable institute in international human rights law. The thesis focuses on the death penalty and its history in connection with the right to life as an inherent human right. It explores the conventions, protocols and resolutions that are related to the matter. The thesis is divided into seven chapters, whereas first of them is introduction, where the author asks questions about vindicability of the capital punishment. That is followed by a brief history of the death penalty and explanation of the purpose of the punishment. Following chapter looks into a view of international society on the death penalty, summing up views of international governmental organizations, as well as non- governmental. Fundamental part of the thesis is a chapter disserting on the right to life, its history, where we can find right to life in international law, interpretation of right to life and case law. Last chapter deals with an issue of a crime as an act of forfeiting the right to life. The analysis consists of criticizing the conclusions made in the course of the thesis and propositions of further possibilities.
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Responsibility of a commander in international criminal law
Paclík, Vojtěch ; Bílková, Veronika (advisor) ; Šturma, Pavel (referee)
The master's thesis represents an analysis of the sources of law, case law and literature concerning the doctrine of command responsibility. Analysis itself is preceded by the description of historical development of command responsibility. Aim of the analysis is to identify requirements of command responsibility set out by the ad hoc tribunals and requirements of command responsibility according to the Rome Statute of the International Criminal Court, to compare those requirements and to find out most significant differences between the two approaches. Analysis provides that according to the Rome Statute there are two more requirements than according to the ad hoc tribunals' case law. Firstly there is the requirement of causal relationship and secondly there are two categories of superiors introduced - the military or military-like commanders and other superiors. Newly, there are slightly stricter requirements of responsibility for the former category than for the latter. Benefits of this thesis include the identification of requirements of command responsibility in Czech language.
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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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Protection of the freedom of speech by the European Court of Human Rights
Wasilewski, Jakub ; Šturma, Pavel (advisor) ; Bílková, Veronika (referee)
in English Protection of the freedom of speech by the European Court of Human Rights The purpose of my thesis is to analyze multiple aspects of freedom of speech as protected by European Court of Human Rights. The reason for my research is to follow the development in this particular area and to produce basic reference material for students and other human rights enthusiasts concerning freedom of speech and its extensive case law. Firstly, there is brief introduction to this thesis, followed by two logically divided chapter. Chapter one is divided into 2 logical clusters, first covering quick introduction into history of European Court of Human Rights, second mainly focused on development of doctrines concerning freedom of speech case law. There are specifically covered doctrines of evolutive interpretation, limitation clause and proportionality test, margin of appreciation. Chapter two is divided into five subsection, covering general and specific aspects of freedom of speech. Subsection one is focused on history of freedom of speech and it`s common background with other freedoms protected under European Convention on Human Rights. Subsection two function as introduction of freedom of speech and its general influence on European Court of Human Rights. Three following subsection are logically...
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The United Nations International Criminal Tribunals and their interpretation of the crime of genocide
Zwinger, Tomáš ; Šturma, Pavel (advisor) ; Bílková, Veronika (referee)
1 Summary This thesis deals with the United Nations International Criminal Tribunals and their interpretation of the crime of genocide. There are two United Nations courts: The International Criminal Tribunal for former Yugoslavia and the International Criminal Tribunal for Rwanda. These ad hoc Tribunals were the first international Tribunals since the Nuremberg and Tokyo trials. They were established by Security Council Resolutions in accordance with Chapter VII of the United Nations Charter as subsidiary organs of the Security Council. The Tribunals were the first international bodies which, after almost 50 years of existence, interpreted and applied the Convention on the Prevention and Punishment of the Crime of Genocide which was adopted by United Nations General Assembly in 1948. Their practice has shown the whole world that individuals can be charged with the crime of genocide and consecutively sentenced. The purpose of this thesis is to briefly describe the historical development of the international criminal justice until the establishment of these two United Nations International Criminal Tribunals, characterize both Tribunals and find out how they interpret the crime of genocide and the contribution of their case law to the international criminal law. The thesis is divided into five chapters. The...
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