- Title Pages
- Contributors
- Foreword
- Acknowledgements
- William Schabas
- 1 Human Rights and International Criminal Justice in the Twenty-First Century
- 2 William Schabas, the Canadian Charter of Rights and Freedoms, and International Human Rights Law
- 3 The International Convention for the Protection of All Persons from Enforced Disappearance, as a Victim-Oriented Treaty
- 4 The Politics of Sectarianism and Its Reflection in Questions of International Law and State Formation in the Middle East
- 5 International Law and the Death Penalty
- 6 The UN Optional Protocol on the Abolition of the Death Penalty
- 7 The Right to Life and the Progressive Abolition of the Death Penalty
- 8 Progress and Trend of the Reform of the Death Penalty in China
- 9 Criminal Law Philosophy in William Schabas’s Scholarship
- 10 Is the ICC Focusing Too Much on Non-State Actors?
- 11 The Principle of Legality at the Crossroads of Human Rights and International Criminal Law
- 12 Revisiting the Sources of Applicable Law before the ICC
- 13 The ICC as a Work in Progress, for a World in Process
- 14 Legacy in International Criminal Justice
- 15 Torture by Private Actors and ‘Gold-Plating’ the Offence in National Law
- 16 Secrets and Surprises in the <i>Travaux Préparatoires</i> of the Genocide Convention
- 17 Perspectives on Cultural Genocide
- 18 Crimes against Humanity
- 19 A New Global Treaty on Crimes Against Humanity Future Prospects
- 20 Justice outside of Criminal Courtrooms and Jailhouses
- 21 Toward Greater Synergy between Courts and Truth Commissions in Post-conflict Contexts
- 22 International Criminal Tribunals and Cooperation with States
- 23 The Arc toward Justice <i>and</i> Peace
- 24 The Maintenance of International Peace and Security through Prevention of Atrocity Crimes
- 25 Law and Film
- 26 The Role of Advocates in Developing International Law
- 27 Bill the Blogger
- Index
The Principle of Legality at the Crossroads of Human Rights and International Criminal Law
The Principle of Legality at the Crossroads of Human Rights and International Criminal Law
- Chapter:
- (p.203) 11 The Principle of Legality at the Crossroads of Human Rights and International Criminal Law
- Source:
- Arcs of Global Justice
- Author(s):
Shane Darcy
- Publisher:
- Oxford University Press
This chapter explores the treatment of the principle of legality in international criminal law, in particular the rule against ex post facto application of criminal laws, as enshrined in human rights law. It demonstrates that a broadly liberal interpretation of nullum crimen has facilitated judicial creativity and the development of international criminal law by international courts and tribunals. The chapter begins with a general discussion of the principle of legality under international law, before turning to a consideration of the treatment of the principle at Nuremberg and the ad hoc international criminal tribunals for Rwanda and the former Yugoslavia. The final section of the chapter turns to the European Court of Human Rights and examines how it has addressed the rule of non-retroactivity in the context of national prosecutions of international crimes, in particular in Kononov v. Latvia.
Keywords: principle of legality, nullum crimen, non-retroactivity, judicial creativity, international courts and tribunals
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- Title Pages
- Contributors
- Foreword
- Acknowledgements
- William Schabas
- 1 Human Rights and International Criminal Justice in the Twenty-First Century
- 2 William Schabas, the Canadian Charter of Rights and Freedoms, and International Human Rights Law
- 3 The International Convention for the Protection of All Persons from Enforced Disappearance, as a Victim-Oriented Treaty
- 4 The Politics of Sectarianism and Its Reflection in Questions of International Law and State Formation in the Middle East
- 5 International Law and the Death Penalty
- 6 The UN Optional Protocol on the Abolition of the Death Penalty
- 7 The Right to Life and the Progressive Abolition of the Death Penalty
- 8 Progress and Trend of the Reform of the Death Penalty in China
- 9 Criminal Law Philosophy in William Schabas’s Scholarship
- 10 Is the ICC Focusing Too Much on Non-State Actors?
- 11 The Principle of Legality at the Crossroads of Human Rights and International Criminal Law
- 12 Revisiting the Sources of Applicable Law before the ICC
- 13 The ICC as a Work in Progress, for a World in Process
- 14 Legacy in International Criminal Justice
- 15 Torture by Private Actors and ‘Gold-Plating’ the Offence in National Law
- 16 Secrets and Surprises in the <i>Travaux Préparatoires</i> of the Genocide Convention
- 17 Perspectives on Cultural Genocide
- 18 Crimes against Humanity
- 19 A New Global Treaty on Crimes Against Humanity Future Prospects
- 20 Justice outside of Criminal Courtrooms and Jailhouses
- 21 Toward Greater Synergy between Courts and Truth Commissions in Post-conflict Contexts
- 22 International Criminal Tribunals and Cooperation with States
- 23 The Arc toward Justice <i>and</i> Peace
- 24 The Maintenance of International Peace and Security through Prevention of Atrocity Crimes
- 25 Law and Film
- 26 The Role of Advocates in Developing International Law
- 27 Bill the Blogger
- Index