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Crimes against humanity at Nuremberg Crimes against humanity at Nuremberg
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Voltaire coined the term Voltaire coined the term
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Steady state or big bang? Steady state or big bang?
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An act of creation An act of creation
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Genocide's beginnings as an international crime Genocide's beginnings as an international crime
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Incorporation in national law Incorporation in national law
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Human rights law and the principle of legality Human rights law and the principle of legality
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Cite
Abstract
Only the law can define a crime and a penalty: nullum crimen [nulla peona] sine lege. To respect the principle of legality, the scope of the crime and the applicable punishment must be set out in clear terms before its commission. This is affirmed in article 11(2) of the Universal Declaration of Human Rights, as well as in virtually all human rights treaties and national constitutions: ‘No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed’. Retroactivity is an issue that has obsessed international criminal justice since its earliest days. At the international criminal tribunals, it has been a source of unceasing controversy. Arguments about retroactive prosecution persist at both the judicial and political levels. The development of international criminal law is accompanied by constant attempts to reassess the past.
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