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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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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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Intervention to protect a country's own nationals from the perspective of international law
Filipková, Tereza ; Bílková, Veronika (advisor) ; Faix, Martin (referee)
The concern of this thesis is the intervention to protect nationals from the perspective of international law, which is part of a broader issue of the use of force in international relations. Although this type of intervention was already a part of the international community before the Napoleonic era - even in the 20th century it was not a minor feature - it is still controversial, and subject to many different interpretations. There are not only big differences between the opinions of particular states of the international system, but also among the international law scholars. The main goal of this Master's thesis is to answer the research question: Is the intervention to protect nationals legal according to the rules of international public law? Besides the Introduction and Conclusion this thesis is divided into four chapters. The first is devoted to the definition of the given phenomenon. It is an integral part of my thesis, because there is no legal definition of the term intervention to protect nationals or of the term intervention. The second chapter deals with the rules of use of force within international relations - above all with Article 2(4) of the UN Charter (which prohibits the use of force) and its exceptions. The interpretative controversies are also included in this chapter. The...
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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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The status and role of new human rights in international law
Kalenská, Petra ; Honusková, Věra (advisor) ; Bílková, Veronika (referee)
Status and Role of New Human Rights in International Law This diploma thesis compares three methods which have been used so far in the creation of new human rights in international law. The first chapter establishes the theory of the creation of new human rights in international law. It is claimed that all new human rights have been created by one of the following three methods: the adoption of an international treaty; the interpretation of an internetional treaty; or the adoption of a declaration. The second chapter provides definitions of a notion of human rights and determines a notion of new human rights as those rights which are not expressed in the International Bill of Human Rights. The distinction of human rights by generations is rejected. The third chapter summarizes the sources of international human rights law, which are international treaties, international custom and general principles of international law. Further, the third chapter shows the significance of peremptory norms and soft law instruments for international human rights. The fourth chapter deals with the first method of creating new human rights, i.e. adoption of international treaty. This method is presented through the Convention on the Rights of Persons with Disabilities and the right to live in community. The formulation...
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The history and conception of collective security under the League of Nations
Potucký, Jan ; Bílková, Veronika (advisor) ; Ondřej, Jan (referee)
Master thesis is dealing with the topic of Collective security during the time following World war the first, during the time of League of Nations duration. Except the introduction and conclusion Thesis is divided into five sections. First section is dealing with the issue of Collective security. In order to conduct deeper analysis, term is divided into two parts - Security and Collectiveness. Concept of Security is analysed further when four different aspects are identified. Collectiveness is also examined in order to define its meaning. First part also includes distinction between Collective security and Collective self-defence. Despite their different meanings these two terms are often interchanged. Second part deals with the events preceding the creation of League of Nations. Especially the Paris peace conference. Since it laid down the foundations for the new International organization and its prime document, the Covenant. Second part is also dealing with the demands of the victorious powers on a concept of Collective security. Since the victors did not share single opinion on how to organise new international organisation, the Covenant of League of Nations and its legal mechanisms are result of a diplomatic compromise. Third part is dealing with the specific parts of the Covenant. The parts related to...
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The limits of freedom of expression in the light of judgments of the European Court of Human Rights
Kovářová, Veronika ; Bílková, Veronika (advisor) ; Tymofeyeva, Alla (referee)
Limits of freedom of expression in the light of case-law of the European Court of Human Rights This diploma thesis deals with the freedom of expression and its permissible limits as those declared in Article 10 od the European Convention on Human Rights (hereinafter referred as "Convention"). Freedom of expression is guaranteed to everyone. However freedom of expression is not absolute, restrictions on freedom of expression by the intervention of the national authorities to individual freedoms is permissable in case of existence any justifiable targets pursuant to paragraph 2 of Article 10. We named this procedure by test legality, legitimacy and proportionality. So, in other words, the measures used against a person must be established legal standards, must pursue achieving a legitimate aim and be necessary in a democratic society. European Court of Human Rights (hereinafter "the Court") applies this test whenever it finds existing interference with freedom of expression. It focuses on case law precedents, set by the European Court's of Human Rights (hereinafter referred as "Court"), in cases of complaints for violation of the freedom of expression concerning the admissibility of the use of legitimate aim clauses by national authorities applying law. The structure of the contents of this thesis...
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