By Kenneth S Gallant
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Additional info for The principle of legality in international and comparative criminal law
46 Castillo Petruzzi, Judgement, ¶ 121, quoted in 2 Jean-Marie Henckaerts & Louise Doswald-Beck, Customary International Humanitarian Law (Practice) ¶ 3714, p. 2500 (Cambridge Univ. Press 2005) (study published by the International Committee of the Red Cross). 47 Bruce Broomhall, Article 22: Nullum crimen sine lege, in Commentary on the Rome Statute of the International Criminal Court: Observers’ Notes, Article by Article ¶ 9, pp. , Nomos-Verlagsgesellschaft, 1999) (hereinafter Observers’ Notes).
S. Const. art. I, §§9–10. 10 See generally Prosecutor v. Kanyabashi, Decision on Defence Motion for Jurisdiction, Case No. ICTR-96-15-T, ¶¶ 30–32 (ICTR Tr. , 18 June 1997); Prosecutor v. Tadic, Decision on Defence Motion for Interlocutory Appeal on Jurisdiction, Case No. IT-94-1-A, ¶¶ 45–48, 61–64 (ICTY App. , 2 October 1995). S. Const. art. S. (3 Dallas) at 390. 12 This is now current in Europe under the European Convention on Human Rights (4 November 1950; entered into force 3 September 1953) and in the United States under the combination of its constitutional ex post facto and due process provisions.
V. United Kingdom, Judgment, ¶¶ 34, 60, 62, Eur. Ct. R. Case No. 48/1994/495/577, Application No. 20190/92 (27 October 1995); Cantoni v. France, Judgment, ¶¶ 33, 35, Eur. Ct. , Case No. 45/1995/551/637, Application No. J. (ser. A/B) No. 65, at 53–6 ` Human Rights in (4 December); Cassese, supra note 7, at 145–52; Salvatore Zappala, International Criminal Proceedings 195 (Oxford Univ. Press 2003). 36 Castillo Petruzzi v. Peru, Judgement, ¶ 121, Inter-Am. Ct. , Petition No. 11,319 (30 May 1999), applying American Convention on Human Rights art.
The principle of legality in international and comparative criminal law by Kenneth S Gallant