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Duress as a defence in international criminal law
Hladíková, Eva ; Bílková, Veronika (advisor) ; Šturma, Pavel (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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International aspects of mixed criminal tribunals (examples of Campuchia, Lebanon, East Timor and Sierra Leone)
Ludvík, Otakar ; Šturma, Pavel (advisor) ; Balaš, Vladimír (referee)
Graduation Theses " International aspects mixed criminal tribunals (in examples of Cambodia, Lebanon, East Timor and Sierra Leone)"deal with basic attributes of this institution as generally so in particular examples of Extraordinary Chambers in the Courts of Cambodia, Special Tribunal for Lebanon, the Special Panels in East Timor and Special Court for Sierra Leone. Besides description of theme, concentrates thesis on question of internationalization of particular institutions and their classification from the most internationalized institutions to almost domestic tribunals. We pay attention to wider context, which is relevant to examined question.
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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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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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Duress as a defence in international criminal law
Hladíková, Eva ; Bílková, Veronika (advisor) ; Šturma, Pavel (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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International aspects of mixed criminal tribunals (examples of Campuchia, Lebanon, East Timor and Sierra Leone)
Ludvík, Otakar ; Šturma, Pavel (advisor) ; Balaš, Vladimír (referee)
Graduation Theses " International aspects mixed criminal tribunals (in examples of Cambodia, Lebanon, East Timor and Sierra Leone)"deal with basic attributes of this institution as generally so in particular examples of Extraordinary Chambers in the Courts of Cambodia, Special Tribunal for Lebanon, the Special Panels in East Timor and Special Court for Sierra Leone. Besides description of theme, concentrates thesis on question of internationalization of particular institutions and their classification from the most internationalized institutions to almost domestic tribunals. We pay attention to wider context, which is relevant to examined question.
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The Czech Republic and the International Criminal Court
Opatová, Helena ; Bílková, Veronika (advisor) ; Šturma, Pavel (referee)
The diploma thesis analyzes the relationship between the Czech Republic and the International Criminal Court. The purpose of my research was to compare the Rome Statute, an international treaty by which the International Criminal Court was established in 1998, with the Czech constitutional and criminal law. The Czech Republic ratified the Rome Statute in 2009. The Czech Republic committed itself by this ratification to provide for international judicial cooperation and legal assistance to the International Criminal Court. It is necessary to realize that a lot of crimes against international criminal law happen in the today's world and many of these crimes are under the jurisdiction of the International Criminal Court. The Czech Republic has to be ready to act, if the need occurs, a so it is necessary to know how the Czech authorities would proceed and if all of the obligations under the Rome Statute are possible to be realized in accordance with the national law. For this reason this thesis attempts to clarify the link between the Rome Statute and the relevant Czech legislation. So I have made a comparison of the Rome Statute and Czech legal system and tried to find answers for the following questions: whether the Rome Statute is in accordance with the constitutional order of the Czech Republic,...
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The Development and the Role of International Criminal Justice in Today's World
Permanová, Lucie ; Pulgret, Miroslav (advisor) ; Karásek, Tomáš (referee) ; Karlas, Jan (referee)
This thesis deals with international criminal justice, which began to influence international politics during the last twenty years. After the end of the Cold War, a lot of armed conflicts were breaking out. They were accompanied by unprecedented inhuman acts and atrocities. The international community had to find a solution for how to respond to such events. In 1993, the United Nations Security Council acted under Chapter VII of The Charter of the United Nations and decided unanimously upon the establishing of an ad hoc International Criminal Tribunal for the Former Yugoslavia. The Tribunal's role was to prosecute persons responsible for serious violations of international humanitarian law committed during the Balkans conflict. A year later, in 1994, the Security Council decided to establish another ad hoc tribunal - The International Criminal Tribunal for Rwanda, which served to punish the architects of Rwandan genocide. Both tribunals sped up negotiations and the decision to establish the permanent International Criminal Court, whose objective is to help end impunity for the perpetrators of the most serious crimes of concern to the international community. The crime of genocide, war crimes, crimes against humanity and in the future the crime of aggression. Firstly, this thesis analyses the ad...
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