Abstract [eng] |
With the proliferation of international criminal tribunals, it is very important to formulate the guidelines to the international community for the application of the principles ensuring an appropriate resolution of jurisdictional conflicts arising during the establishment of international criminal tribunals. Accordingly the dissertation provides the analysis of the concept of international jurisdiction in a consistent way and summarizes the principles governing the relationship between international criminal jurisdiction and national criminal jurisdiction. This research is one of the first attempts to formulate guidelines for the application of the principles governing the solution of the conflict between the international criminal and national criminal jurisdiction. These guidelines are formulated on the basis of summarized existing practice of the establishment of the international criminal tribunals, the historical context of their creation, also legal possibilities and the capacity of national legal systems to address the issue of impunity for international crimes on their own and with the support of the international community. In the First Part of the dissertation the general concept of the jurisdiction in Public International Law and the main features of international criminal jurisdiction is disclosed. The Second Part introduces the concept of types of international criminal jurisdiction, as identified according to the relation of each type with the national criminal jurisdiction. In the Third Part the aspects of the relationship between international criminal and national criminal jurisdiction, which are essentially related to their practical implementation and the impact on national criminal proceedings are analysed. |