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Sexual violence against women during an armed conflict - the role of international criminal tribunals
Rejzková, Barbora ; Hýbnerová, Stanislava (advisor) ; Honusková, Věra (referee)
- Sexual violence on women in armed conflicts - the role of the international criminal courts The main purpose of the thesis is to analyse the role of international criminal courts notably the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda. It will analyse the process of the development of the international individual criminal responsibility of the perpetrators of sexual violence on women in the course of war. Sexual violence on women played an almost integral part of every armed conflict since the beginning of warfare. Despite this fact, the topic of sexual violence on women has been, until recently, generally ignored by politicians, historians and lawyers. The relevant treaties of the international humanitarian law also either ommited or trivialized rape and other crimes of a sexual nature. Not until the worst atrocities were committed in the armed conflict in the former Yugoslavia and Rwanda at the beginning of the nineties was the sexual violence recognized as a serious crime which causes great suffering to victims, both physically and mentoly, and has to be properly investigated and prosecuted. In respect of the fact, that sexual violence has, in the last decades, become a particularly effective weapon of war rather than a random...
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Radislav Krstić: the procedural conduct of the criminal proceedings before the ICTY
Kučera, Milan ; Šlosarčík, Ivo (advisor) ; Teichman, Miroslav (referee)
The Bachelor's thesis Radislav Krstić: the procedural progress of a criminal proceeding before ICTY is a case study analysing the fulfilment of the right to just trial in the Krstić case. The analysed subject was chosen for its close connection to the consolidation of the western Balkan countries, in which the Tribunal had become involved, that is mainly in pursuance of development of democratic institutions and judicial reforms. The ICTY's opportunity of consolidation originated from the Tribunal's judicial praxis, which had had to be convincing and just enough to have confirmed the leaders of these countries that the returned verdicts were in their interest as well. This way the Tribunal gained the credibility needed, and the countries of former Yugoslavia let it intervene with their internal affairs. Although a successful cooperation was established, the author asks himself whether the influence of mass media over the decision making of courts could have influenced trials before the International Criminal Tribunal for the former Yugoslavia. Therefore the thesis analyses the procedural progress with R. Krstić, who was the first one convicted of genocide, and received one of the three most severe sentences of that time. Consequently, the author analyses the most significant provisions of the Rules...
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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 Crime of Genocide before the international criminal institutions
Gerle, Marek ; Lipovský, Milan (advisor) ; Pelikánová Urbanová, Kristýna (referee)
The Crime of Genocide before the International Criminal Institutions Abstract The crime of genocide constitutes one of the fundamental institutes of international criminal law that is directed against human rights violations perpetrated on a scale that affects the whole international community. It differs from other crimes under international law in its emphasis laid on the protection of selected groups of persons, the specific intent aimed at the destruction of those protected groups, as well as other aspects contained in its definition. As a response to the Holocaust the crime of genocide was defined for the first time by the Convention on the Prevention and Punishment of the Crime of Genocide in 1948. It was this very definition that was adopted to the statutes of international criminal institutions and is currently recognised as a peremptory rule. This thesis is dedicated to the crime of genocide in its form determined by the case law of UN ad hoc international criminal tribunals along with other international judicial authorities. The corpus of decisions taken by these authorities represents the preeminent source of matter concerned that provides the means to present a conceivably thorough perspective of the institute in question within the given scope. Furthermore, the author employs findings of the...
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General approach of international law to torture
Albert, Lukáš ; Tymofeyeva, Alla (referee)
General approach of international law to torture Abstract The prohibition of torture exists at national and international level. The author focuses only on the general approach of international law to torture. He analyzes the individual elements of the definitions of torture contained in international documents. At the same time, he does not forget to mention the cruel, inhuman or degrading treatment or punishment that is inextricably linked to torture. He also highlights the importance of the threat of torture, which may under certain conditions separately constitute torture. He provides an overview of the current international regulation of the prohibition of torture enshrined not only in international human rights treaties, but also in the field of international humanitarian law and international criminal law. He also emphasizes the reflection of international regulation in the practice of individual protection mechanisms ensuring effective control over compliance with the prohibition of torture, specifically universal, European, Inter-American, African and other functioning mechanisms. Also, he places torture in the context of crimes under international law. He refers to the practice of the International Criminal Court and ad hoc criminal tribunals, which have even granted status of jus cogens to 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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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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General approach of international law to torture
Albert, Lukáš ; Lipovský, Milan (advisor) ; Flídrová, Eliška (referee)
General approach of international law to torture Abstract The prohibition of torture exists at national and international level. The author focuses only on the general approach of international law to torture. He analyzes the individual elements of the definitions of torture contained in international documents. At the same time, he does not forget to mention the cruel, inhuman or degrading treatment or punishment that is inextricably linked to torture. He also highlights the importance of the threat of torture, which may under certain conditions separately constitute torture. He provides an overview of the current international regulation of the prohibition of torture enshrined not only in international human rights treaties, but also in the field of international humanitarian law and international criminal law. He also emphasizes the reflection of international regulation in the practice of individual protection mechanisms ensuring effective control over compliance with the prohibition of torture, specifically universal, European, Inter-American, African and other functioning mechanisms. Also, he places torture in the context of crimes under international law. He refers to the practice of the International Criminal Court and ad hoc criminal tribunals, which have even granted status of jus cogens to the...
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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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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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