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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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Sexual violence against women in an armed conflict - the role of international criminal tribunals
Sochorová, Eva ; Hýbnerová, Stanislava (advisor) ; Bayerová, Monika (referee)
- Sexual Violence against Women in Armed Conflicts - the Role of the International Criminal Tribunals The purpose of my thesis is to describe and analyse a development of a regulation in the international humanitarian law and international criminal law and the contribution of decision making of international criminal tribunals in former Yugoslavia and Rwanda with a special focus on sexual violence against women during armed conflict. The reason for my research is the fact that during armed conflict women worldwide are permanently exposed to danger of sexual violence and it is necessary to stress this issue continuously. The thesis is composed of seven chapters. Chapter One is introductory and describes the current state of sexual violence in armed conflict. Further it explains what fields of international law the sexual violence is subject to and it provides a structure of the thesis. Chapter Two examines the international humanitarian law. The chapter is subdivided into four parts. Part One deals with the international humanitarian law in general. Part Two characterises the specificity of sexual violence. Part Three analyses the development of norms protecting women under international humanitarian law until the adoption of the Geneva conventions in 1949. Part Four analyses the regulation in the...
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The comparisson of the foreign policy of Madeleine Albright and Condoleezza Rice in the field of the International Criminal Tribunals
Láníková, Hana ; Veselý, Zdeněk (advisor) ; Matějka, Zdeněk (referee)
This thesis compares the foreign policy of Madeleine Albright and Condoleezza Rice in the field of the International Criminal Tribunal for the former Yugoslavia and for Rwanda. The first chapter describes and compares the situations that led to the creation of the tribunals and their foundation. The second chapter characterizes and compares the foreign policy of the United States at the turn of 20th and 21st century in these regions. The third and fourth chapter compare the approach of both foreign ministers on the issue, primarily based on personal and political interests. Both chapters include the position of the administration in which the two women acted and their attitude and activities towards the tribunals. The aim is to compare coherently the approach of both ministers towards the tribunals during various administrations and US interests.
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