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Development of international criminal law in the context of the war in former Yugoslavia
Hlaváček, David ; Hýbnerová, Stanislava (advisor) ; Bílková, Veronika (referee)
Univerzita Karlova v Praze Právnická fakulta David Hlaváček ROZVOJ MEZINÁRODNÍHO TRESTNÍHO PRÁVA V KONTEXTU VÁLKY V BÝVALÉ JUGOSLÁVII Diplomová práce Vedoucí diplomové práce: doc. PhDr. Stanislava Hýbnerová, CSc. Katedra mezinárodního práva Datum uzavření rukopisu: 21. ledna 2015 Summary of the Thesis: The introductory historical overview (chapter two) gives an insight into the merits of the military conflict in the former Yugoslavia and lists the most fundamental causes behind this scandalous period of modern European history. Next, in chapter three, the thesis focuses on the impacts of this ongoing war on the international communities and their reactions, as well as on the particular measures taken by the United Nations, the universal platform established for these purposes. The most significant of these measures is undoubtedly the establishing of the International Criminal Tribunal for the former Yugoslavia (ICTY), which prosecutes crimes against humanity, genocide, grave breaches of the Geneva Conventions and violations of the laws or customs of war. For the first time after forty years, the international criminal law had been applied. Before that, there was no institution entitled to enforce this law within the international criminal justice. In chapter four, the ICTY is characterized and described,...
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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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Circumstances excluding liability in international criminal law
Hodysová, Eliška ; Šturma, Pavel (advisor) ; Ondřej, Jan (referee)
Grounds for Excluding Criminal Responsibility in International Criminal Law This thesis aims on currently two most discussed grounds for excluding criminal responsibility (defenses) in international criminal law: defense of duress and defense of superior order. First of them emerges from a situation in which a perpetrator is forced by threat to commit a crime under international law. The second one addresses a question whether a person should be re- sponsible for a crime committed pursuant to an order of a Government or of a superior. Regarding the structure of the army, it is not surprising that there these two defenses occur together in many cases and that they arise from the very same situation. However, they should not be mistaken one for another. The aim of this thesis is to analyze the most significant case law on the topic and to research what was the background for the formulation of the articles on defense of duress and superior order in the Rome Statute of ICC. The paper also examines the deficiencies of the regulation of duress and superior order in the Rome Statute and their possible improvement. The thesis is composed of 5 chapters. The first chapter is introductory and describes used meth- odology of the paper and its structure. Chapter number two deals with grounds for excluding...
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When sexual violence is weaponised: CRSV through the prisim of the international criminal law.
Opat, Tomáš ; Lipovský, Milan (advisor) ; Balaš, Vladimír (referee)
1 When sexual violence is weaponised: CRSV as a violation of international criminal law Abstract The aim of this thesis is to describe the legal regime of sexual violence in armed conflicts, with a special focus on international criminal law provisions. This work is divided into six parts that focus especially on legal provisions of the statutes of the International Criminal Tribunals for Former Yugoslavia, the International Criminal Tribunal for Rwanda as well as on the Rome Statute of the International Criminal Court and decisions of those international judicial bodies in cases involving sexual violence. The first part introduces to the reader basic terms and concepts that will follow them throughout this work. Additionally, a small subpart is dedicated to the Women, Peace and Security agenda introduced by the UN Security Council Resolution 1325 that, among other themes, highlights the necessity of strengthened international focus and cooperation in fighting sexual violence in armed conflicts. The second part deals mainly with the historical context of the adoption of the prohibition of sexual violence in armed conflicts and describe the development in approach of international law towards this crime, from general prohibitions of rape to specific enumeration of norms prohibiting sexual violence in...
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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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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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Tokyo Tribunal and Its Contribution to International Criminal Law
Kasáš, Alex ; Bílková, Veronika (advisor) ; Lipovský, Milan (referee)
The Tokyo Tribunal and Its Contribution to International Criminal Law Abstract The aims of my thesis are to analyze whether the principle of legality (nullum crimen sine lege, nulla poena sine lege) has been breached by The Tokyo Tribunal and to evaluate the Tribunal's contribution to the field of international criminal law. The work is divided into five chapters. First two, The Charter and The Indictment outline the establishment and jurisdiction of the Tribunal, the rules of proceedings, counts of the indictment and the accused. The remaining three chapters are a compilation of legal argumentation with a focus on the arguments concerning the principle of legality: Crimes under International Law before the Post-War Tribunals summarizes the opinions of international commissions, The Judgement the opinions of majority judges and The Minority Opinions the opinions of minority judges. In the Conclusion, I argue that while the principle of legality was breached, the adherence to it is a matter of choice between the doctrine of strict liability and that of substantive justice and I identify the affirmation of The Nuremberg Principles, the notion of conspiracy to commit aggression as a separate crime and extending the scope of the command responsibility doctrine as the Tribunal's contribution to international...
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General prof. JUDr. Bohuslav Ečer
Dudáš, Michal ; Koura, Petr (referee) ; Hnilica, Jiří (referee)
In my thesis I focused on the czech lawyer and jurist JUDr. Bohuslav Ečer. He became one of the main ideologist of international criminal law thanks to his hard work . He represeted Czechoslovakia during the Nuremberg trials after World War II. I also watched his life after the end of the Nuremberg trials, when Bohuslav Eček got into STB's viewfinder and a rigid political process was being prepared against him. KEYWORDS Key words: Bohuslav Ečer, war crimes, Nuremberg trials, International criminal law, International military tribune, Hermann Göring, Joachim Ribbentrop, Hans Lammers, Kurt Daluege, Wilhelm Keitel, StB
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