Iskanje po katalogu digitalne knjižnice

Opis: The present thesis is devoted to the immunity of Heads of State and high-ranking State officials, generally meaning the Heads of Government, and the Foreign Ministers, before the national and international courts, for international crimes as codified in the Rome Statute of the International Criminal Court (ICC), namely the crime of genocide, crimes against humanity, war crimes and the crime of aggression, with partial touch upon the crime of torture as well. The introductory part lays out the prosecution of State officials throughout the history all the way to the World War II, the Nuremberg and Tokyo Trials, and the developments in the decades post-World War II, with the eventual establishment of the ICC. Afterwards, the definitions and list of international crimes are discussed. Following the arguments for the rationale behind immunity and the correlation between immunity and jurisdiction, I elaborate on the various types of immunity, such as State immunity – and its subcategories personal and functional immunities – and diplomatic immunity. Thereby, I discuss at length the range of seemingly outstanding questions relating to, e.g., the scope of State officials entitled to immunity ratione personae, whether the commission of international crimes constitute officials acts, whether the immunity of State precludes a lawsuit towards State for breaches of jus cogens norms by acts that qualify as acta jure imperii, whether the diplomatic immunity pertains to high-ranking State officials other than ambassadors and diplomatic agents, etc. The explanations of other, less debatable questions, such as the distinction between personal and functional immunities for international crimes before national courts, is also provided. In the following part, I analyse the immunity of the incumbent high-ranking State officials before international courts, with a particular focus set on the ICC and Article 27 of the Rome Statute. Emphasizing provisions concerning international cooperation and judicial assistance to the ICC, I bring up Article 98 of the Rome Statute as a counterweight to the rejection of immunity before the ICC, and consider the interplay between both, Articles 27 and 98. Another point of divergence here is the question of which States fall under the scope of the term ‘third State’ in Article 98 of the Rome Statute. Furthermore, the analysis of the Al-Bashir case is provided through the application of the United Nations (UN) Security Council Resolution 1593 (2005), as well as Articles 25 and 103 of the UN Charter. Additionally, I intend to provide a method of resolving some of the ambiguities stemming out of the seemingly contradicting Rome Statute provisions by applying the rules of treaty interpretation, in particular its subsidiary means, discerning the object and purpose of the Rome Statute through the lenses of its Preamble. In the final part, I have sought out various other concepts that could supersede the immunity of high-ranking State officials for international crimes, including the jus cogens international crime exception to immunity, the obligation aut dedere aut judicare, and the universal jurisdiction.
Ključne besede: State immunity, immunity ratione personae, immunity ratione materiae, Heads of State, high-ranking State officials, international crimes, international courts, International Criminal Court (ICC), Rome Statute, Al-Bashir case, UN Security Council
Objavljeno v DKUM: 23.07.2021; Ogledov: 1389; Prenosov: 125
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Opis: Purpose: The intention of this paper is to present the characteristics of robbery crimes and its perpetrators in the Canton Sarajevo. In that sense, the impetus behind this empirical study stems from the following research question: „What circumstances and characteristics of robberies best structure a certain types of robbery offenders?”. Design/Methods/Approach: The methodology for this research involved methods of data collection relating to the documentation analysis of 120 court and police records, and methods of descriptive and inferential statistics for the analysis of collected data. Findings: The results of the empirical research indicate that the number of accomplices, and the characteristics of planning and preparing for the execution of these crimes, well-differentiate robbers in the Canton Sarajevo on professional and opportunistic. Furthermore, the results show that population of robbers mainly consists of recidivists. Research limitations: Main limitations of this paper are related to the quantitative empirical evidence, since it uses only data from the official police and court records. Future research should include qualitative measures. Practical implications: Our findings provide a useful source of information for academics and practitioners in the field of criminology and criminal justice. Police might benefit also from our results, since the knowledge of the modus operandi of this crime and the places of execution may contribute to revealing the identity of such perpetrators in the Canton Sarajevo. Originality/Value: The original contribution of this paper is that it introduces an authentic classification scheme for robbers in the Canton Sarajevo. No comparable research currently exists.
Ključne besede: robbery crimes, perpetrators, modus operandi, Canton Sarajevo
Objavljeno v DKUM: 04.05.2020; Ogledov: 881; Prenosov: 23
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Opis: This paper discusses the polemic, intertextual correspondence which occurs between Woody Allen’s drama Crimes and Misdemeanors and Fyodor Dostoyevsky’s novel The Brothers Karamazov. Through a comparative analysis, the author reveals structural analogies between both works, but also fundamental ideological differences. Dostoyevky’s approach to the subject of the moral consequences of rejection of religious faith was that of a follower of the Orthodox faith. For Allen, a similar topic became the pretext for deliberations on man’s existential solitude.
Ključne besede: literature, film, intertextuality, Orthodox faith, Fjodor M. Dostoevsky, Brothers Karamazov, Woody Allen, Crimes and Misdemeanors, essays, ethics
Objavljeno v DKUM: 06.02.2018; Ogledov: 1099; Prenosov: 366
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