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Patková, Lucie ; Šturma, Pavel (advisor) ; Faix, Martin (referee)
The thesis deals with topic of universal jurisdiction with an emphasis on British House of Lords' decisions in case of former Chilean president Augusto Pinochet from years 1998 and 1999. Universal jurisdiction enables to prosecute crimes committed abroad by persons, who at time of such commission were neither the citizens of state in question nor the permanent residents of the state. It is expression of an idea, that it is common interest of the whole international community to prosecute the most serious crimes under international law, irrespective of any link to the prosecuting state, because such crimes relate to the whole international community and not only single state. The first chapter of the thesis deals with national criminal jurisdiction, whose comprehension is necessary for further understanding of universal jurisdiction. The universal jurisdiction is the main topic in the second chapter, in which I outline a brief history of the concept, mention application of the universal jurisdiction in case with Adolf Eichmann in Jerusalem, and try to find out where the importance of universal jurisdiction lies or what the main alleged disadvantages and risks are as well. My further concerns are the scope of universal jurisdiction, that is the crimes that are subjects to its application, universal...
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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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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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The Still evolving Principle of Universal Jurisdiction
Baumruk, Petra ; Šturma, Pavel (advisor) ; Bílková, Veronika (referee) ; Válek, Petr (referee)
The present study describes the nature, scope and application of universal jurisdiction as an important tool against impunity in international criminal law, in a straight forward manner, where inquiry into the recent developments of universal jurisdiction is undertaken. Forthwith, the formation of the principle of universal jurisdiction - especially its practical application - must be guided by international consensus, not through advocacy action of states with short term and narrow objectives. The thesis seeks to identify and observe how far the law of universal jurisdiction has actually evolved and how far we should expect it to evolve in the near future, considering its restrains and challenges. It is argued that the concept of state sovereignty, which constitutes the greatest impediment on the exercise of universal jurisdiction, has seen various changes to its fundamentals elements in the 21st Century. The aim is to look at the universality principle, not as an isolated part, but as part of a broader framework in modern international law and thus special attention is given to the relationship between universal jurisdiction and the principle of aut dedere aut judicare. These principles are interrelated, yet distinct, parallels in deterring commission of the most heinous offences of international...
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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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Patková, Lucie ; Šturma, Pavel (advisor) ; Faix, Martin (referee)
The thesis deals with topic of universal jurisdiction with an emphasis on British House of Lords' decisions in case of former Chilean president Augusto Pinochet from years 1998 and 1999. Universal jurisdiction enables to prosecute crimes committed abroad by persons, who at time of such commission were neither the citizens of state in question nor the permanent residents of the state. It is expression of an idea, that it is common interest of the whole international community to prosecute the most serious crimes under international law, irrespective of any link to the prosecuting state, because such crimes relate to the whole international community and not only single state. The first chapter of the thesis deals with national criminal jurisdiction, whose comprehension is necessary for further understanding of universal jurisdiction. The universal jurisdiction is the main topic in the second chapter, in which I outline a brief history of the concept, mention application of the universal jurisdiction in case with Adolf Eichmann in Jerusalem, and try to find out where the importance of universal jurisdiction lies or what the main alleged disadvantages and risks are as well. My further concerns are the scope of universal jurisdiction, that is the crimes that are subjects to its application, universal...
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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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The (Non)necessity of the International Piracy Court
Neugebauerová, Monika ; Trávníčková, Zuzana (advisor) ; Knotková, Vladimíra (referee)
This thesis focuses on the issue of maritime pirate attacks prosecution. The proposal of the establishment of an International Piracy Court is connected to the growth of pirate attacks in the area of the Gulf of Aden off the borders of Somalia between 2007 and 2011. The Somali government was not able to suppress this threat to the international security and pirates often avoided trial. Other countries were not willing to prosecute pirates at their national courts. By that time the thought of the establishment of the new specialized international tribunal arised. The aim of this thesis is to evaluate if there actually is the necessity to create an International Piracy Court in the current local and global situation.
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The application of universal jurisdiction in Spain
Skrbková, Tereza ; Trávníčková, Zuzana (advisor) ; Kochan, Jan (referee)
This thesis is dedicated to the topic of universal jurisdiction, although this theme is not well-known in the Czech Republic, abroad it has more attention. The universal jurisdiction is the jurisdiction based solely on the nature of crime regardless of place where the crime has been committed, of perpetrator and victim. The universal jurisdiction is used on the most serious crimes with the aim of prevention of impunity. First, the thesis is focused on the explanation and the categorization of the term of universal jurisdiction and its historical development. The second chapter introduces the legislation of universal jurisdiction in Spain. The last two chapters deal with the analysis of cases when Spain has used the universal jurisdiction and the evaluation of possible motives, which led to the application of universal jurisdiction.
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