Monday, September 11, 2017

Rome Statutes of the ICC - Part III: General Principles of Criminal Law - Articles 22 - 24

Part III: General Principles of Criminal Law



Article 22 Nullum crimen sine lege

A person shall not be criminally responsible under this Statute unless the conduct in question constitutes, at the time it takes place, a crime within the jurisdiction of the Court.  

The definition of a crime shall be strictly construed and shall not be extended by analogy.  In case of ambiguity, the definition shall be interpreted in favour of the person being investigated, prosecuted or convicted.

This article shall not affect the characterization of any conduct as criminal under international law independently of this Statute.



Article 23 Nulla poena sine lege

A person convicted by the Court may be punished only in accordance with this Statute.


Article 24 Non-retroactivity ratione personae

No person shall be criminally responsible under this Statute for conduct prior to the entry into force of the Statute.

In the event of a change in the law applicable to a given case prior to a final judgment, the law more favourable to the person being investigated, prosecuted or convicted shall apply.

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