Právněhistorické studie / Legal History Studies (Charles University journal; below referred to as PHS or Journal) is a scientific journal listed in the international prestigious database SCOPUS. The journal is published by Charles University in Prague under the guarantee of the Department of Legal History of the Faculty of Law of Charles University. It is published by the Karolinum Press. The journal focuses on the field of legal history and related topics.

Issue 1 of the Journal was published by the Czechoslovak Academy of Sciences Publishing in June 1955. The Journal was initially published by the Cabinet of Legal History of the Czechoslovak Academy of Science (CSAV), later by the Institute of State and Law (CSAV) and then by the Institute of Legal History of the Faculty of Law of Charles University.

PHS is issued three times a year in April, August, and December and it presents original scientific works/papers as well as reviews, annotations and news from the scientific field of legal history. It also introduces annotated texts of a legal history nature. PHS accepts manuscripts from domestic as well as foreign authors. Manuscripts submitted by foreign authors are published in original language, namely in English, Slovak, German, French, Italian or Polish.

PHS (ISSN 0079-4929) is registered in the Czech national ISSN centre (supervised by the State Technical Library). The Journal is registered by the Ministry of Culture of the Czech Republic according to Act No. 46/2000 Sb., on Rights and Liabilities for the Publishing of Periodicals and Change of Some Acts (Press Act), and it is allocated with registration number of periodical press MK E 18813.

PHS is an open journal and ensures open access to scientific data (Open Access). The entire content is released as open to the public on the web pages of the journal.

The journal is archived in Portico.

PRÁVNĚHISTORICKÉ STUDIE, Vol 45 No 2 (2015), 115–140

Právna zodpovednosť v defašizačnom zákonodarstve Československa a v medzinárodnom práve

[Legal Liability in Defascization Legislation of Czechoslovakia and in International Law]

Jozef Beňa

published online: 30. 05. 2016


The defascization legislation of Czechoslovakia between 1944 and 1945 had two sources; these were presidential decrees and regulations of the Slovak National Council. The author examines an internal issue of content of respective legislation within the two systems in their mutual compatible and complementary relationship. He incorporates these into the wider context of International Law in the form of the Statute of the International Military Tribunal. Priority is given to theoretical aspects of the presumption of liability of persons of German and Hungarian nationality – citizens of Czechoslovakia – who voluntarily accepted the citizenship of a foreign occupying power, and to the issue of establishing and embedding the concept of international criminal liability. The final aim of the paper is tackling and treating of the issue of collective liability and of the issue of crime of preparing a conspiracy against peace – in the activities of the Nuremberg International Military Tribunal. It argues against the constructed institute of collective guilt that was used to discredit the whole denazification legislation of Czechoslovakia. The truth is that this legislation indeed incorporated some extraordinary provisions and institutes, legal structures and concepts. However, these matched the extraordinary situation, crimes against peace, crimes against humanity, which were caused by the states, war aggressors. It also anticipated certain provisions of International Criminal Law contained in the Statute of the International Court of Justice. Czechoslovak defascization legislation was innovative, creative, and reached a high legal quality. It was legitimate, and it was fair.

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Právna zodpovednosť v defašizačnom zákonodarstve Československa a v medzinárodnom práve is licensed under a Creative Commons Attribution 4.0 International License.

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ISSN: 0079-4929
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