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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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The crime of aggression and the International Criminal Court
Matušinová, Anna ; Čepelka, Čestmír (advisor) ; Bílková, Veronika (referee)
The Rome Statute which came to existence in 1998 was a great step forward for international criminal law and its enforcement. Later, in 2002, the International Criminal Court was established in order to prosecute the most serious crimes according to the Statute - war crimes, genocide, crimes against humanity, and the crime of aggression. Only the first three mentioned were specified in the Statute, while the fourth one was not agreed upon, meaning that the ICC does not possess jurisdiction over this crime. The aim of the Revision Conference in Kampala in 2010 was to incorporate the definition of the crime of aggression into the Rome Statute. Finally, the International Court had to gain jurisdiction over a crime of aggression. However the expectations were not fully met. The states agreed upon the definition which they specified in the Rome Statute; nevertheless the jurisdiction of the ICC has not yet been activated. This will probably happen in 2017 at the earliest if preconditions and triggering mechanisms are completed. The purpose of the thesis The Crime of Aggression and the International Criminal Court is to examine the questions related to aggression. The thesis begins with the historical development of the concept and continues with the most relevant international law provisions connected to...
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Targeted killing as a means of the fight against terrorism
Kučera, Tomáš ; Hýbnerová, Stanislava (advisor) ; Bílková, Veronika (referee)
In recent decades we can watch heated debates on the legal and moral permissibility of State-sponsored targeted killings involving representatives from Governments, academic circles, military and police forces, intelligence services, human rights groups, humanitarian institutions, intergovernmental organizations a and the mass media. These debates are even more intense after the killing of Osama bin Laden, leader of the terrorist group Al Qaeda, in May 2011. The aim of the thesis is to answer to the question: Are targeted killings a permissible method of fight against terrorism? The legality of targeted killings is analyzed in term of lex lata international law, namely under human rights law, international humanitarian law and law of international security. The thesis is composed of six chapters. Chapter One defines basic terminology used in the thesis. The Chapter is subdivided into two parts. Part One defines the concept of targeted killings. Part Two defines the notion of terrorism. Chapter Two examines the legality of targeted killings in term of law of international security. Chapter Three describes the parallel application of human rights law and international humanitarian law. Chapter Four analyzes the legality of targeted killings under human rights law. The Chapter is subdivided into two...
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Legality of preemptive self-defence
Davidová, Veronika ; Bílková, Veronika (advisor) ; Balaš, Vladimír (referee)
The legality of pre-emptive self-defence The Master's thesis deals with one of the key issues of current international law, the right to pre-emptive self-defence. The work is divided into six parts, including introduction, four chapters and conclusion. After an introductory part the first chapter deals with the sources of international laws regulating the right to self-defence, their system and the way in which they interact with each other. This chapter seeks to analyse the impact of those sources on the development of right to pre-emptive self-defence. The main attention is devoted to the primary and secondary sources of international law regulating the right to self-defence, such as the U.N. Charter, customary international law, the judicial decisions of the International Court of Justice and the teachings of the most highly qualified publicists. The second chapter first focuses on the concept of classical self-defence. It then goes on to examine the two traditional doctrinal approaches to the interpretation of the scope of the right to self-defence, the restrictive school of thoughts and the extensive school of thoughts. The next chapter relates to the prohibition of the use of force under international law. The last chapter first analyses the concept of pre-emptive self-defence from the...
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Regional and subregional protection of human rights in Africa
Demuthová, Tereza ; Faix, Martin (advisor) ; Bílková, Veronika (referee)
This thesis concentrates on the theme of regional and subregional protection of human rights in Africa. Firstly, it tries to give a summary of the system of human rights protection within the African Union and its evolution with brief characterization of the African Charter on Human and Peoples` Rights, the African Commission on Human and Peoples` Rights and the African Court on Human and Peoples' Rights. The second chapter concentrates on the protection of human rights under the regional economic communities provided by three subregional courts, namely the ECOWAS Court of Justice, the SADC Tribunal and the East African Court of Justice. It provides an insight into the functioning of these three subregional courts and analyses questions relating to their human rights jurisdiction as well as their human rights practice and different challenges that these courts had and have to face. It concludes that although the effectivity of the regional and subregional human rights protection in Africa is yet not high and has to be improved, the system is still in its beginning and there is a potentional for the subregional courts to became more effective forums for human rights protection.
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