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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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Legal-Historical Aspects of Punishment of Nazi Criminals on the Background of the Adolf Eichmann Trial
Kohout, David ; Seltenreich, Radim (advisor) ; Vojáček, Ladislav (referee) ; Horák, Záboj (referee)
in English Dissertation Thesis David Kohout: Legal-Historical Aspects of Punishment of Nazi Criminals on the Background of the Adolf Eichmann Trial This Dissertation on the topic of "Legal-Historical Aspects of Punishment of Nazi Criminals on the Background of the Adolf Eichmann Trial" seeks to analyze the main approaches to the prosecution and punishment of the Nazi crimes. It was chosen to use the trial of Adolf Eichmann in Jerusalem in years 1961 - 1962 as a connecting thread of this whole work. It was so not only due to the individual remarkableness of the trial but also due to the fact that it was in many ways a very illustrative for the previous legal development until that time. Additionally, many commentators of this trial attribute it a great impact on the renewal of the interest in the prosecution of former Nazis who were implicated in perpetration of crimes committed until 1945 and who remained at large after the end of war. Therefore this Thesis goes beyond the Eichmann trial and focuses on its broader context in material but also personal sense (in the text it often referred to cases of prosecution of close collaborators of Adolf Eichmann). In the opening chapters this Dissertation, however, starts with events that go far back in time before the Adolf Eichmann trial. This is for the...
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The concept of "Responsibility to Protect" and the international community. The case of Sudan
Linková, Zuzana ; Werkman, Kateřina (advisor) ; Hynek, Nikola (referee)
The thesis "Concept Responsibility to Protect Within International Community: Sudan Case Study" focuses on the R2P concept and its implications since its approval at the World Summit in 2005. The theoretical part of the thesis explains the R2P concept, its constitution, the three pillars and their main principles, and categories of crimes on which the concept can be applied. This section includes an analysis of attitudes, which the key international actors adopted towards the R2P. The last chapter of the theoretical part examines the main problems, challenges and difficulties of the concept which could the international community face when implementing the concept. The practical part of this thesis relates to the conflict in Darfur. Its first chapter deals with the evolution of tensions in Sudan, which had affected the current conflict. The second chapter focuses on the present conflict since its beginning in 2003, including the debate about the possibility of potential genocide committed by the Sudanese government. The involvement of the key international actors (the UNSC and AU) in the conflict is discussed in this part as well. Finally, the last part interconnects the concept through the three pillars with the conflict and; it evaluates functioning of the R2P in the case of Sudan. The evaluation...
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Subject Matter Jurisdiction of the International Criminal Court
Bureš, Jan ; Šturma, Pavel (advisor) ; Čepelka, Čestmír (referee) ; Bílková, Veronika (referee)
in English The theme of this dissertation is the subject matter jurisdiction of the International Criminal Court (ICC). Offences such as aggression, genocide, crimes against humanity and war crimes, sometimes called the "core crimes", are the most serious crimes ever indentified under international law. These crimes do not violate only some particular rights, but they threaten the whole international community, peace, security and well-being of the world. Therefore it is essential to have a precise legal definition of these grave crimes and to establish an effective judicial mechanism for prosecution of the most dangerous criminals. However, it is not easy to find general consent on these matters among the international community. There is not much space for internationalisation in the field of criminal law, which was traditionally considered an important part of national sovereignty. Thus the path towards establishment of the ICC, which is the first permanent international criminal judicial body ever, was extremely difficult, as was definition of the four core crimes falling within its jurisdiction. This thesis scrutinises the concrete provisions of the ICC Statute, the "Rome Statute", which constitute substantive law by defining the crime of genocide (art. 6), crimes against humanity (art. 7), war...
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Legal-Historical Aspects of Punishment of Nazi Criminals on the Background of the Adolf Eichmann Trial
Kohout, David
in English Dissertation Thesis David Kohout: Legal-Historical Aspects of Punishment of Nazi Criminals on the Background of the Adolf Eichmann Trial This Dissertation on the topic of "Legal-Historical Aspects of Punishment of Nazi Criminals on the Background of the Adolf Eichmann Trial" seeks to analyze the main approaches to the prosecution and punishment of the Nazi crimes. It was chosen to use the trial of Adolf Eichmann in Jerusalem in years 1961 - 1962 as a connecting thread of this whole work. It was so not only due to the individual remarkableness of the trial but also due to the fact that it was in many ways a very illustrative for the previous legal development until that time. Additionally, many commentators of this trial attribute it a great impact on the renewal of the interest in the prosecution of former Nazis who were implicated in perpetration of crimes committed until 1945 and who remained at large after the end of war. Therefore this Thesis goes beyond the Eichmann trial and focuses on its broader context in material but also personal sense (in the text it often referred to cases of prosecution of close collaborators of Adolf Eichmann). In the opening chapters this Dissertation, however, starts with events that go far back in time before the Adolf Eichmann trial. This is for the...
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Responsibility to Protect - Concept and Application
Sitter, Tomáš ; Dubský, Zbyněk (advisor) ; Sršeň, Radim (referee)
Topic of this thesis is the Responsibility to Protect (R2P) doctrine that has become very current at the present time because of its use in legitimising the operation of NATO and other countries during the uprising in Libya in 2011. Apart from a number of sympathetic opinions, it has caused a wave critique, which has been of two types. Some criticised even the fact itself that the UN Security Council had labelled the Libya situation as a case suited for the application of this doctrine. There were also those who had agreed wholeheartedly with this designation, but who were disappointed by how the operation that followed had proceeded. This section of critics claims that NATO and other states that took part in the operation overstepped the mandate granted to them by the Security Council and thereby caused at least a partial delegitimising of R2P.
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