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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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Universal jurisdiction and the principle of aut dedere aut judicare
Kseničová, Anna ; Šturma, Pavel (advisor) ; Balaš, Vladimír (referee)
This thesis deals with the topic of universal jurisdiction and the aut dedere aut judicare principle. It also marginally deals with issues of immunity of the perpetrators of international crimes, in relation of them enjoying leading functions of the state. In the introductory chapter of this thesis is discussed concept of jurisdiction as a basis for understanding following content of the next chapter about universal jurisdiction itself. In the chapter about the historical development the emergence of universal jurisdiction is described, through circumstances accompanying the establishment of the Nuremberg Tribunal to internationally significant legal proceedings with Albert Eichmann. In my work I try to bring yet ambiguously defined concept of universal jurisdiction, to elucidate its content and scope of its application areas. In the second part of this thesis I focus on the principle aut dedere aut judicare i.e. obligations of states to prosecute perpetrators of international crimes, present at their territory, or else extradite them to the State, which calls for providing their prosecution. On the case before the International Court of Justice in The Hague in the matter of extradition of former Chadian president by Senegal to Belgium I demonstrate the practical implications of the aut dedere aut...
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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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Universal jurisdiction and the principle of aut dedere aut judicare
Kseničová, Anna ; Šturma, Pavel (advisor) ; Balaš, Vladimír (referee)
This thesis deals with the topic of universal jurisdiction and the aut dedere aut judicare principle. It also marginally deals with issues of immunity of the perpetrators of international crimes, in relation of them enjoying leading functions of the state. In the introductory chapter of this thesis is discussed concept of jurisdiction as a basis for understanding following content of the next chapter about universal jurisdiction itself. In the chapter about the historical development the emergence of universal jurisdiction is described, through circumstances accompanying the establishment of the Nuremberg Tribunal to internationally significant legal proceedings with Albert Eichmann. In my work I try to bring yet ambiguously defined concept of universal jurisdiction, to elucidate its content and scope of its application areas. In the second part of this thesis I focus on the principle aut dedere aut judicare i.e. obligations of states to prosecute perpetrators of international crimes, present at their territory, or else extradite them to the State, which calls for providing their prosecution. On the case before the International Court of Justice in The Hague in the matter of extradition of former Chadian president by Senegal to Belgium I demonstrate the practical implications of the aut dedere aut...
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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 position of victims of human rights violation in international law with a special regard to victims of serious violation of human rights and humanitarian international law
Kristková, Veronika ; Hýbnerová, Stanislava (advisor) ; Ondřej, Jan (referee) ; Jeřábková, Věra (referee)
Ph.D. Thesis ABSTRACT Mgr. Veronika Kristková, LL.M., 2013 Position of victims of human rights violations in international law with focus on victims of serious violations of human rights and international humantiarian law This work focuses within the broad theme of " Position of the victims of the human rights violations in international law" on victims of serious human rights violations and serious violations of international humanitarian law (hereinafter only serious violations). The author decided to focus on the victims of serious violations because the research revealed that while the rights of victims of human rights violations are in general relatively settled in theory as well in practice of international law, the rights of the victims of serious violations is an area, which raises several doctrinal questions, encountered rapid development in recent years and continues to develop. Analysis of the rights of the victims of serious violations necessary must be based on the rights of the victims of human rights violations in general, which serves as a baseline for the analysis of the rights of the victims of serious violations. Only in comparison with the general rights of the victims of human rights violations the specificities of the rights of the victims of serious violations stand up. First the work...
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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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