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Role of the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda in International Relations
Křižáková, Markéta ; Pulgret, Miroslav (advisor) ; Landovský, Jakub (referee)
This bachelor thesis deals with the role of the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda in international relations. Thesis tries to answer the question, which role both tribunals have in legal and political sphere. In legal sphere, by using judicature, the thesis focuses on how both tribunals contributed to the development of international humanitarian and international criminal law. Future is examined if and how political aspects influence activities of the tribunals, decision- making of judges and cooperation with states. Finally, the thesis seeks to elucidate the post- conflict situation in the states. How tribunals contributed to punishing violation of international law, how contributed to restoration and maintenance of peace and national reconciliation.
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Radislav Krstić: the procedural conduct of the criminal proceedings before the ICTY
Kučera, Milan ; Šlosarčík, Ivo (advisor) ; Teichman, Miroslav (referee)
The Bachelor's thesis Radislav Krstić: the procedural progress of a criminal proceeding before ICTY is a case study analysing the fulfilment of the right to just trial in the Krstić case. The analysed subject was chosen for its close connection to the consolidation of the western Balkan countries, in which the Tribunal had become involved, that is mainly in pursuance of development of democratic institutions and judicial reforms. The ICTY's opportunity of consolidation originated from the Tribunal's judicial praxis, which had had to be convincing and just enough to have confirmed the leaders of these countries that the returned verdicts were in their interest as well. This way the Tribunal gained the credibility needed, and the countries of former Yugoslavia let it intervene with their internal affairs. Although a successful cooperation was established, the author asks himself whether the influence of mass media over the decision making of courts could have influenced trials before the International Criminal Tribunal for the former Yugoslavia. Therefore the thesis analyses the procedural progress with R. Krstić, who was the first one convicted of genocide, and received one of the three most severe sentences of that time. Consequently, the author analyses the most significant provisions of the Rules...
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Position and role of Croatia in prosecuting and extradition of war criminals to the International Criminal Tribunal for the former Yugoslavia-case study of Ante Gotovina
Ortmann, Matyáš ; Žíla, Ondřej (advisor) ; Šístek, František (referee)
This bachelor thesis deals with the research of the development of cooperation of Croatian governments with the International Criminal Tribunal for the former Yugoslavia in the matter of prosecution and extradition of war criminals during the Yugoslav wars in the 1990s with regard to the Croatian general Ante Gotovina. The aim of the thesis is to analyze, on the basis of relevant documents, how this cooperation was or was not successful. The prosecution of war criminals has been a key part of the foreign policy of the former Yugoslavia for many years. In the case of Croatia, it was even one of the main aspects that prevented the country from joining Western structures, such as the European Union and the North Atlantic Alliance. In the early 1990s, authoritarian President Franjo Tuđman came to power to determine Croatia's course until his death at the end of 1999. This period was very empty for Croatia within foreign policy. Only the accession of Croatia to the Council of Europe in November 1996 could be described as a success. With the advent of Račan's government in 2000, Croatia's cooperation with the ICTY has improved, but the Tribunal has found this to be inadequate. After the new government of one side of the Croatian Democratic Union, led by prime minister Ivo Sanader, the cooperation has...
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Impact of ICTY on international criminal law with respect to judgments concerning Bosnian Serbs
Kohoutová, Marie ; Hofmeisterová, Karin (advisor) ; Žíla, Ondřej (referee)
The bachelor's thesis focuses on changes in international criminal law after creation of International Criminal Tribunal for the former Yugoslavia (ICTY). The impact on internatinal criminal law examines especially with respect to chosen judgements concerning Bosnian Serbs. For this aim it uses mainly an analysis of primary sources, such as judgements of International criminal tribunal for the former Yugoslavia, its founding documents or Un resolutions, and also an analysis of secondary sources concerning international law and historical context of a conflict in Bosnia and Herzegovina. The conclusion of the thesis is based on an analysis of al the sources with respect to current problematics in the area of international criminal law. The study concludes that ICTY definitely had an impact on further functioning of international criminal law, because it was the first judicial institution after the Nuremberg trials that took place almost fifty years ago. The impact of ICTY can be seen on countless legal definitions that ICTY created or specified and also on giving accuracy to many facts of the cases of crimes under international law.
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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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Role of the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda in International Relations
Křižáková, Markéta ; Pulgret, Miroslav (advisor) ; Landovský, Jakub (referee)
This bachelor thesis deals with the role of the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda in international relations. Thesis tries to answer the question, which role both tribunals have in legal and political sphere. In legal sphere, by using judicature, the thesis focuses on how both tribunals contributed to the development of international humanitarian and international criminal law. Future is examined if and how political aspects influence activities of the tribunals, decision- making of judges and cooperation with states. Finally, the thesis seeks to elucidate the post- conflict situation in the states. How tribunals contributed to punishing violation of international law, how contributed to restoration and maintenance of peace and national reconciliation.
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International Criminal Tribunal for the former Yugoslavia and Ante Gotovina
Jiříčková, Veronika ; Králová, Kateřina (advisor) ; Šindelář, Jan (referee)
The bachelor thesis focuses on the International Criminal Tribunal for the Former Yugoslavia and deals with the issue of Croatian governments' cooperation with the Tribunal in the period between 1995 and 2005. The cooperation consisted in the arrests of Croats who had been indicted by the Prosecutor of the Tribunal. It analyzes in particular the case of the former Croatian general Ante Gotovina who became the most senior Croat prosecuted by the International Criminal Tribunal for the Former Yugoslavia. The first chapter outlines the historical development in Croatia between 1990 and 1995. Special attention is given to the armed conflict which was taking place in Croatia in the years 1991 to 1995. During the armed conflict, the crimes which would later be investigated by the Tribunal were committed. The next chapter analyzes the International Tribunal for the Former Yugoslavia as an international judicial institution. It is followed by a chapter in which the approaches of three Croatian governments vis-a-vis the Tribunal are compared. The factors which shaped their decisions are analyzed here. The last chapter is a legal analysis of the judgment rendered in the case of Ante Gotovina who was acquitted by an Appeals Chamber of the Tribunal in 2012.
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The legacy of ICTY and its impact upon the Statue and the practice of the ICC
Vrobel, Jan ; Bílková, Veronika (advisor) ; Šturma, Pavel (referee)
Legacy of ICTY and its Impact on Statute and Case Law of ICC Establishing of International Criminal Court is a significant moment in evolution of international criminal law. It is the first permanent institution of international justice with personal jurisdiction and it was founded for one purpose only - to finally end the era of impunity for war criminals all over the world. But ICC didn't appear from nowhere. There was a long road towards its establishment and who knows if it would ever happen without influence of so called ad hoc tribunals, International Criminal Tribunal for the former Yugoslavia and International Criminal Tribunal for Rwanda. It is a sad truth that international criminal law made its biggest evolution as a reflection of the world's most horrible conflicts. The purpose of this thesis is to analyze a legacy of one of these tribunals, International Criminal Tribunal for the former Yugoslavia, and to explore its influence not only on the Statute of International Criminal Court, but also on its case law. International Criminal Court is not operating for long, but we can still notice many references on ICTY case law in its judgments. The reason for this research is my particular relation towards Balkan region as well as my interest in international justice in general. The thesis is composed...
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Radislav Krstić: the procedural conduct of the criminal proceedings before the ICTY
Kučera, Milan ; Šlosarčík, Ivo (advisor) ; Teichman, Miroslav (referee)
The Bachelor's thesis Radislav Krstić: the procedural progress of a criminal proceeding before ICTY is a case study analysing the fulfilment of the right to just trial in the Krstić case. The analysed subject was chosen for its close connection to the consolidation of the western Balkan countries, in which the Tribunal had become involved, that is mainly in pursuance of development of democratic institutions and judicial reforms. The ICTY's opportunity of consolidation originated from the Tribunal's judicial praxis, which had had to be convincing and just enough to have confirmed the leaders of these countries that the returned verdicts were in their interest as well. This way the Tribunal gained the credibility needed, and the countries of former Yugoslavia let it intervene with their internal affairs. Although a successful cooperation was established, the author asks himself whether the influence of mass media over the decision making of courts could have influenced trials before the International Criminal Tribunal for the former Yugoslavia. Therefore the thesis analyses the procedural progress with R. Krstić, who was the first one convicted of genocide, and received one of the three most severe sentences of that time. Consequently, the author analyses the most significant provisions of the Rules...
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United Nations
ZÁLUSKÝ, Jiří
This bachelor thesis is called The United Nations (UN). It is theoretical and it is divided into four parts. The first section contains basic information about main activities and organization structure of United Nations. The following second part is devoted to the objective action of UN. The third part is focused to the UNPROFOR mission and the situation in the former Yugoslavia. The last section is dedicated to the International Criminal Tribunal for the former Yugoslavia (ICTY) and punishment of the crime. The aims of this work are to map the activity of the United Nations and its global effect; and to focus on peacekeeping missions, particularly in the UNPROFOR mission in the former Yugoslavia in the first half of the 90s of the 20th century. The main theme of this thesis is to provide information of the UN action in the conflict and to determine at what stage in the prosecution of crimes in the former Yugoslavia, the International Criminal Tribunal for crimes in Yugoslavia. The United Nations was founded after World War 2; it is not a world government and does not create laws. Its activities are mainly focused on the of international peacekeeping and peacemaking. The UN send units called "Blue helmets" to critical areas to prevent the conflicts. There has been the greatest human tragedy since World War 2 on the European continent in the first half of the 90s of the 20th century, the war, genocide and concentration camps again appeared in Europe. In this conflict, the peacekeepers of the United Nations operated. Neither the situation in the Balkans nor the whole mission of peacekeepers in the former Yugoslavia was simple. Mission of UNPROFOR (United Nations Protection Forces), was established in 1991. The most important acts included the providing and distribution of humanitarian aid, security of dozens control and layoof stations (check-point),and organizing mobile and working teams. The International Criminal Tribunal for the former Yugoslavia, called ICTY was established during the Yugoslav wars, for reasons of committing crimes, genocide,concentration camps and human rights violations. To the present, the Tribunal indicted 161 persons, half of all defendants has released voluntarily.
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