The Principle of Legality in International and Comparative Criminal Law, Chapter 7: Legality as a Rule of Customary International Law Today & Conclusion: The Endurance of Legality
Gallant, Kenneth S., THE PRINCIPLE OF LEGALITY IN INTERNATIONAL AND COMPARATIVE CRIMINAL LAW, Chapter 7, Cambridge University Press, 2009
36 Pages Posted: 30 Jun 2007 Last revised: 5 Aug 2011
This is Chapter 7 and Conclusion of a book, Kenneth S. Gallant, The Principle of Legality in International and Comparative Criminal Law (Cambridge Univ. Press, 2009), now available at www.cambridge.org and other booksellers.
Chapter 7 demonstrates that both nullum crimen and nulla poena (in reasonably strong - though not the strongest - forms) have become rules of customary international law which bind both states and international organizations. They apply as binding customary and treaty international human rights protections to prosecutions brought under both national and international criminal law, and in both national and international tribunals. It shows how the principles of notice, foreseeability and accessibility of law can provide a working definition of non-retroactivity of crimes and punishments, even though language itself always has some indeterminacy. This chapter demonstrates, contrary to views popular in some circles, that nullum crimen and nulla poena (the prohibitions of retroactive crime creation or increases in punishments) truly apply in international criminal law.
Keywords: retroactivity, non-retroactivity, criminal law, comparative law, international law, human rights
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