It's No Defense: Nullum Crimen, International Crime, and the Gingerbread Man

Abstract

This article addresses alleged claims of defense or immunity concerning prosecution of and civil claims against foreign perpetrators of international crime such as “political question,” act of state, sovereign immunity, nullum crimen, and foreign capture without foreign state consent.

Keywords: accused, act of state, capture, civil claim, crime, double jeopardy, ex post facto, genocide, immunity, incorporation, incorporation by reference, international law, jurisdiction, law of war, Nuremberg, prosecution, sovereign immunity, nullum crimen, ultra vires, universal, war crime