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Crime of Aggression under the Rome Statute of International Criminal Court
Voženílková, Tereza ; Lipovský, Milan (advisor) ; Flídrová, Eliška (referee)
1 Crime of Aggression under the Rome Statute of International Criminal Court, abstract Recent events in the world show that cyber-attacks can constitute one of the greatest threats to international peace and security. Cyber operations occurring in cyberspace present unique challenges to the international community beyond the scope of existing international law. While there is a consensus that international law should apply to cyberspace, perspectives on the qualification of cyber-attacks as the most serious crimes falling under the jurisdiction of the International Criminal Court remain divided. This paper discusses the definition of the crime of aggression under the jurisdiction of the International Criminal Court with a special focus on cyber-attacks. The aim of this paper is to answer the question whether cyber-attacks can be considered a crime of aggression under the Rome Statute. The first chapter discusses the historical development and the rather complicated process of adopting the definition of the crime of aggression over the years. The second chapter describes the various elements of the crime of aggression and the jurisdiction of the International Criminal Court and the Security Council over this crime. The definition of cyber- attacks and their difference from conventional attacks is discussed...
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The Recent Development of International Criminal Justice and the Newly Defined Crime of Aggression
Lhotský, Jan ; Balaš, Vladimír (referee) ; Bílková, Veronika (referee)
The purpose of the thesis is to discuss and analyse the relatively recently established international institution in terms of its proposed role as the guardian of the international criminal justice. Firstly, the circumstances are introduced that led the international community to the idea of creation of a permanent International Criminal Court. Furthermore the content of the Rome Statute and the jurisdiction of the Court covering crimes under international law are discussed. The thesis deals not only with the Court's advantages, but also with the relevant arguments of the states that are in opposition of the Court. Moreover an insight into the five current investigations is provided and the process of the Statute ratification in the Czech Republic analyzed. An important attention is devoted to the review conference in Kampala and the new definition of the Crime of Aggression that was accepted and should be activated after 2017. The analysis of the amendment concentrates on problems resulting from the narrow definition of the new crime and the specific conditions for the exercise of its jurisdiction that are related to the role of the UN Security Council. Based on the analyses from the thesis it is appropriate to conclude that although the Court is at the time not able to investigate every committed...
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Subject Matter Jurisdiction of the International Criminal Court
Bureš, Jan
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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he Rome statute's crime of aggression following the Kampala review conference
Lipovský, Milan
Title of the dissertation: The Rome Statute's Crime of Aggression following the Kampala Review Conference The definition of crime of aggression was adopted in 2010 to fill the gap in article 5 (2) of the Rome Statute of the International Criminal Court ("ICC"). Complicated discussions preceding the adoption have identified many problematic aspects within the definition, including the relationship between the ICC and the UN Security Council ("SC") - whether the SC would be the only body capable to commence proceedings for the crime of aggression or not; further including the legal status of humanitarian intervention for the purposes of its criminalization under the Rome Statute; position of a perpetrator of the crime - should only leaders be considered perpetrators or should "lower" state officials be included; how should the amendment enter into force - under article 121 (4) or 121 (5) of the Rome Statute; etc. Many of these questions have not been answered by the adopted definition in a satisfactory way and so while the international community was celebrating the success of the adoption of the "supreme crime's" definition, many (including the author of this dissertation) have been seriously disappointed by the short-comings of the adopted text. Scholars continue to better understand the...
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The Crime of Aggression under the Rome Statute of the International Criminal Court
Hedl, Jakub ; Lipovský, Milan (advisor) ; Ondřej, Jan (referee)
1 The Crime of Aggression under the Rome Statute of the International Criminal Court Abstract This diploma thesis deals with the Crime of Aggression, one of the four crimes under international law prosecuted by the International Criminal Court. The definition of this crime was adopted at the Kampala Review Conference in 2010 and the jurisdiction of the International Criminal Court was activated in 2018. This is a significant milestone in the development of international criminal law, as it means a possibility of prosecuting state "leaders" for acts of aggression against other states for the first time since the end of the Second World War. The goal of this thesis is to provide a brief summary of the historical development of the Crime of Aggression, to analyse and to evaluate the newly adopted definition. The jurisdiction of the International Criminal Court over the Crime of Aggression of the will be also assessed. Last but not least, the paper elaborates on whether the Crime of Aggression has become a custom in international customary law. The first chapter deals with the position of the Crime of Aggression in relation to other crimes under international law and the issue of terms and scheme of international criminal law. Chapter two describes the complex historical development of the Crime of Aggression....
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Crime of Aggression under the Rome Statute of ICC
Slavník, Lukáš ; Lipovský, Milan (advisor) ; Šturma, Pavel (referee)
Crime of Aggression under the Rome Statute of ICC Abstract The jurisdiction of the International Criminal Court over the Crime of Aggression, which has been defined at the Review Conference in Kampala, 2010, will be activated on 17th of July 2018. This paper is summarizing more than seventy years of continuing development of a definition of the Crime of Aggression which has started after the Second World War during so-called Nurnberg Trials (a forerunner of the Crime of Aggression - Crimes Against Peace have been tried during these trials) and which will be, at least for now, completed upon the activation of the jurisdiction of the International Criminal Court and upon a completion of the Rome Statute. This paper deals not only with the history of the Crime of Aggression but also with its position as a crime under the international law with a connection to other crimes which can be prosecuted before the International Criminal Court. Furthermore, it analyses the main elements of the crime with a focus on difficulties which can potentially come up once they are used in practice. A special part of this paper is focused on jurisdiction of the International Criminal Court over the Crime of Aggression, which has not quite met expectations from international society, as it seems that in case of state referral or...
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Crimes under international law in the Rome Statute of the ICC and their prosecution
Huječek, Roman ; Lipovský, Milan (advisor) ; Faix, Martin (referee)
Crimes under International Law in the Rome Statute of the ICC and Their Prosecution Abstract This diploma thesis deals with crimes under international law in the Rome Statute of the International Criminal Court and their prosecution, with a special focus on the issues of applicability of senior state officials' international immunity when it comes down to the proceedings before this court. The first part of the thesis outlines the meaning of the term crimes under international law and explains the difference between this term and the terms international crimes and transnational crimes. Next, the prosecution of these crimes under international law is set within its historical context with a special focus on the period after the start of World War I. The second part discusses the International Criminal Court's jurisdiction and, mainly, each individual crime under international law and its definition in the Rome Statute. The second part ends with a chapter concerning mental elements of these crimes and particularly the institute of command responsibility. The third part describes the procedural provisions of the Rome Statute and it guides the reader all the way from the initiation of the proceedings to the enforcement of the court's decision. The third section also offers several practical examples regarding...
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Victims of the gravest crimes: The role of victims in legal proceedings before the International Criminal Court
Mocková, Eliška ; Lipovský, Milan (advisor) ; Honusková, Věra (referee)
1 Victims of the Gravest Crimes: The Role of Victims in Legal Proceedings Before the International Criminal Court Abstract This thesis analyzes the role of victims in the proceedings before the International Criminal Court, or the so-called victims' mandate of the ICC. The purpose is to comprehensively introduce their rights as well as the way in which this regulation is being applied. Therefore, the research question has two parts. The first part inquires into the current design of the victim's rights before the Court, while the second asks about the results of its application to the present day. Answers offered by the author of the thesis appear respectively in the second and the third chapter. The first chapter is focused on a historical development of the position of victims in the system of international criminal justice. It is of introductory nature and serves to highlight the historically unprecedented character of the role of victims before the ICC. Regarding the research method, the thesis analyzes the role of victims of crimes prosecuted by the ICC from both, theoretical as well as empirical angle. The purpose is to practically and comprehensively describe the regulation of victims before the ICC but also go beyond the "letter of the law" to see the legal regulation within its material context -...
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The Rome Statute's Crime of Aggression following the Kampala Review Conference
Lipovský, Milan ; Šturma, Pavel (advisor) ; Ondřej, Jan (referee) ; Beránek, Milan (referee)
Title of the dissertation: The Rome Statute's Crime of Aggression following the Kampala Review Conference The definition of crime of aggression was adopted in 2010 to fill the gap in article 5 (2) of the Rome Statute of the International Criminal Court ("ICC"). Complicated discussions preceding the adoption have identified many problematic aspects within the definition, including the relationship between the ICC and the UN Security Council ("SC") - whether the SC would be the only body capable to commence proceedings for the crime of aggression or not; further including the legal status of humanitarian intervention for the purposes of its criminalization under the Rome Statute; position of a perpetrator of the crime - should only leaders be considered perpetrators or should "lower" state officials be included; how should the amendment enter into force - under article 121 (4) or 121 (5) of the Rome Statute; etc. Many of these questions have not been answered by the adopted definition in a satisfactory way and so while the international community was celebrating the success of the adoption of the "supreme crime's" definition, many (including the author of this dissertation) have been seriously disappointed by the short-comings of the adopted text. Scholars continue to better understand the...
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International Criminal Court and immunity of the head of state
Sádlová, Martina ; Šturma, Pavel (advisor) ; Balaš, Vladimír (referee)
THE INTERNATIONAL CRIMINAL COURT AND THE HEAD OF THE STATE IMMUNITY The thesis deals with the institute of immunities of the head of the state recognized under the international law and with its applicability before the International Criminal Court (hereinafter referred to as "ICC"). The aim of this thesis is to analyze the conflict between two international legal rules which is the obligation to prosecute and punish perpetrators of crimes under the international law, irrespective of the status of the offender, and the exclusion of heads of the state from the criminal jurisdiction because of the immunity that protects its bearer. According to the Rome Statute (hereinafter referred to as "Statute") which established the ICC its contractual party is obliged to surrender any accused person to the Court even if this person enjoys immunity. However another provision of the Statute says that the request for this surrender could be refused by the party if it broke an obligation which this party has against the state whose national is the accused person. The first chapter outlines the formation and the functioning of the Court. Subsequently, the work deals with theoretical terms such as the head of state, the individual responsibility or the immunity. It provides with the types of immunities a person could enjoy...
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