Book contents
- Frontmatter
- Contents
- Explanatory Note on Spelling
- Acknowledgments
- Introduction
- 1 Legality in Criminal Law, Its Purposes, and Its Competitors
- 2 A Partial History to World War II
- 3 Nuremberg, Tokyo, and Other Postwar Cases
- 4 Modern Development of International Human Rights Law: Practice Involving Multilateral Treaties and the Universal Declaration of Human Rights
- 5 Modern Comparative Law Development: National Provisions Concerning Legality
- 6 Legality in the Modern International and Internationalized Criminal Courts and in the UN Trust Territories
- 7 Legality in Customary International Law Today
- Conclusion: The Endurance of Legality in National and International Criminal Law
- Appendix A Chart of Non-retroactivity Provisions in Criminal Law by Nations
- Appendix B Legality and Non-retroactivity Provisions as of 1946–47
- Appendix C Constitutional and Other National Provisions Implementing the Principle of Legality Today
- Bibliography
- Table of Authorities
- Index
- Afterword and Update
- CAMBRIDGE STUDIES IN INTERNATIONAL AND COMPARATIVE LAW
- References
1 - Legality in Criminal Law, Its Purposes, and Its Competitors
Published online by Cambridge University Press: 04 July 2009
- Frontmatter
- Contents
- Explanatory Note on Spelling
- Acknowledgments
- Introduction
- 1 Legality in Criminal Law, Its Purposes, and Its Competitors
- 2 A Partial History to World War II
- 3 Nuremberg, Tokyo, and Other Postwar Cases
- 4 Modern Development of International Human Rights Law: Practice Involving Multilateral Treaties and the Universal Declaration of Human Rights
- 5 Modern Comparative Law Development: National Provisions Concerning Legality
- 6 Legality in the Modern International and Internationalized Criminal Courts and in the UN Trust Territories
- 7 Legality in Customary International Law Today
- Conclusion: The Endurance of Legality in National and International Criminal Law
- Appendix A Chart of Non-retroactivity Provisions in Criminal Law by Nations
- Appendix B Legality and Non-retroactivity Provisions as of 1946–47
- Appendix C Constitutional and Other National Provisions Implementing the Principle of Legality Today
- Bibliography
- Table of Authorities
- Index
- Afterword and Update
- CAMBRIDGE STUDIES IN INTERNATIONAL AND COMPARATIVE LAW
- References
Summary
The creation of international criminal law, especially in international criminal tribunals, frequently raises questions concerning “the principle of legality of crimes and punishments (le principe de légalité des délits et des peines).” Many rules have made up the principle of legality in criminal law, although not all of them apply in all societies that accept the principle:
No act that was not criminal under a law applicable to the actor (pursuant to a previously promulgated statute) at the time of the act may be punished as a crime.
No act may be punished by a penalty that was not authorized by a law applicable to the actor (pursuant to a previously promulgated statute) at the time of the act.
No act may be punished by a court whose jurisdiction was not established at the time of the act.
No act may be punished on the basis of lesser or different evidence from that which could have been used at the time of the act.
No act may be punished except by a law that is sufficiently clear to provide notice that the act was prohibited at the time it was committed.
Interpretation and application of the law should be done on the basis of consistent principles.
Punishment is personal to the wrongdoer. Collective punishments may not be imposed for individual crime.
Everything not prohibited by law is permitted.
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- Publisher: Cambridge University PressPrint publication year: 2008