Abstract
This paper deals with the evolution and current content of the nullum crimen
sine iure principle in international law. It analyses the development of the nullum
crimen principle from its definition as a principle of justice at the end of Second
World War, to its current definition as an individual right imposing a limitation
upon States’ sovereignty. The article also explains that, nowadays, the nullum crimen principle requires for the relevant conduct to be a crime at the time of its commission, according to any of the sources of criminal law in the relevant national
or international legal system. No written law is necessarily required. As a result,
accessibility and foreseability are the main elements of the nullum crimen principle
in current international law
sine iure principle in international law. It analyses the development of the nullum
crimen principle from its definition as a principle of justice at the end of Second
World War, to its current definition as an individual right imposing a limitation
upon States’ sovereignty. The article also explains that, nowadays, the nullum crimen principle requires for the relevant conduct to be a crime at the time of its commission, according to any of the sources of criminal law in the relevant national
or international legal system. No written law is necessarily required. As a result,
accessibility and foreseability are the main elements of the nullum crimen principle
in current international law
Original language | Spanish |
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Title of host publication | Introducción al derecho internacional penal |
Publisher | Universidad del Rosario |
Pages | 18-42 |
Number of pages | 25 |
Edition | 1 |
ISBN (Print) | 978-958-738-621-9 |
State | Published - Jul 30 2015 |