MEZINÁRODNÍ SOUDNICTVÍ: NOVÉ ÚKOLY A VÝZVY

appeal, for whom the gender aspect of the crimes is a central part of the indictment. These cases underscore the importance of distinguishing between sexual and gender based crimes, allowing for more precise prosecution of acts that violate human rights based on gender. The discussion also highlights deficiencies in the Slovak and Czech translations of the Rome Statute, which inaccurately translate the term “gender” as “sex,” complicating the correct understanding of gender concepts in international law. These rulings contribute to the development of international criminal justice and clarify key issues related to gender discrimination and persecution. CHAPTER 7 Immunities of State Representatives in Light of Arrest Warrants issued by the International Criminal Court Marek Janček Chapter seven provides a legal analysis of arrest warrants issued by the International Criminal Court (hereinafter “ICC”) and examines their legality in relation to immunities under international law. The chapter itself is divided into four parts. The first summarizes types of immunities granted to state representatives, namely functional and personal immunities. As regards functional immunities, the prevailing opinion is that they do not apply before international courts. On the other hand, the situation becomes more complex concerning personal immunities, which are exclusively enjoyed by the so-called “trojka”. The second and third parts are devoted to the examination of the issue of application of personal immunities, which needs to be explained from two perspectives. The second part examines the horizontal relationship between states, while the third part explores the vertical relationship between the ICC and states, focusing particularly on past ICC judgments. The fourth chapter addresses the ICC’s argument asserting that there is no immunity of state representatives vis-à vis international court under customary international law. However, this argument has been widely criticized and remains highly controversial. Furthermore, it is necessary to take into account the ruling of the International Court of Justice, where it was held that immunities of representatives from “trojka” do not apply before certain international courts that have jurisdiction. Therefore, it is of utmost importance to determine whether the ICC does have jurisdiction over president of the Russian Federation or prime minister of Israel. Based on the analysis, such a conclusion could not be drawn.

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