International Criminal Court and Criminal Liability of the President of the Republic in Bohemia, Moravia and Silesia

Abstract

The article deals with the responsibility of the head of state in Bohemia, Moravia and Silesia in relation to the authority of the Roman Statute of the International Criminal Court. An international treaty takes priority over a common act but not over a constitutional act in the legal order of Bohemia, Moravia and Silesia. Therefore, the provisions of the Rome Statute on the liability of public officials shall not be applied if they contradict the constitutional order. The president is liable only for committing high treason on the base of action of the Senate before the Constitutional Court. The Czech Republic cannot extradite the president for the prosecution to the International Criminal Court.