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Jurisdiction over international crimes and the Rohingya case
Malina, Václav ; Bílková, Veronika (advisor) ; Honusková, Věra (referee)
Jurisdiction over international crimes and the Rohingya case Abstract This thesis discusses the situation of the Rohingya minority in Myanmar in relation to two court cases that have been initiated in recent years before the International Criminal Court and the International Court of Justice. The thesis examines whether the elements of the crime of genocide and selected crimes against humanity, i.e. crimes of deportation, persecution and other inhumane acts, have been fulfilled. After summarizing the historical development of modern Myanmar and the position of the Rohingya in Myanmar society, the thesis identifies the individual elements of the selected crimes under international law, which were chosen for the thesis based on the aforementioned ongoing proceedings. Furthermore, the author evaluates the previous decisions of the two judicial institutions and comments upon them on the basis of secondary literature. The question of state responsibility for breaches of obligations under international law and the position of victims in international criminal proceedings are also approached in relation to the Rohingya cases. In the final chapter of the thesis, the author not only assesses the chances of success for both prosecutors and victims, but also looks for the relevance of international (criminal) law in...
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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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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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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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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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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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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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The Involvement of the International Criminal Court in Investigating Crimes outside Armed Conflict
Patková, Lucie ; Werkman, Kateřina (advisor) ; Pulgret, Miroslav (referee)
The thesis deals with the question, in which situation the International Criminal court would probably open an Investigation of such crimes by an international body is a delicate question mainly with regard to a great extend of intervention into a state sovereignty, which manifests itself also as jurisdictional sovereignty. The thesis focuses on the case of Kenyan post-election violence in years of 2007 and 2008 and the aim to suppress Libyan revolution of 2011. Besides, the work is based upon the theory of (liberal) institutionalism, which could hopefully be applied to the international-law case of investigation of the crimes committed outside an armed conflict. Within the framework of the thesis I try to reveal criteria determining whether the International Criminal court opens or not an investigation to a situation of human rights abuse. For the purpose I take into consideration world and local country status, character of the perpetrators, extend of the attacks, country's relation to the great powers, as well as readiness of the country to prosecute the perpetrators within the national jurisdiction. As conclusion I try t compare the findings from the part applying liberal institutionalism and from the case studies.
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War crimes and crimes against humanity in the practice of the International Criminal Court
Rounová, Magdaléna ; Šturma, Pavel (advisor) ; Bílková, Veronika (referee)
This thesis deals with crimes against humanity and war crimes in the practice of the International Criminal Court, an institution established to prosecute the most serious crimes of concern to the international community as a whole (which include, in addition to the two types mentioned above, genocide and crimes of aggression). Prosecution of these crimes changed significantly from the military tribunals following World War II to the ad hoc tribunals for former Yugoslavia and Rwanda and finally to the International Criminal Court, which was created as a permanent international institution in 1998 at the Rome Conference and became operational in 2002 after its Statute reached the required number of ratifications. The aim of this thesis is to introduce how crimes against humanity and war crimes have been conceived in the practice of the International Criminal Court with respect to the development of their concept and prosecution by the previous criminal tribunals. The thesis is divided into three main chapters. In the first one, I introduce the topic, specifically the development of the idea to establish a permanent international criminal tribunal as well as its eventual establishment. Furthermore, the first chapter also includes a theoretical introduction to the jurisdiction of the International...
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