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Evolution Of New Customary International Criminal Law: Further Implications

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Chapter Summary

The Rome Statute of the International Criminal Court may be cited as probably the latest milestone in the relatively young history of International Criminal Law. This chapter examines the implications and restrictions of the nullum crimen sine lege principle impose on the formation of new customary international criminal law. The wording of the nullum crimen provision in Article 7 (1) European Convention on Human Rights (ECHR) and Article 15 (1) International Covenant on Civil and Political Rights (ICCPR) is almost identical to the prohibition in Article 11 Universal Declaration of Human Rights (UDHR). As the case law of the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) on the nullum crimen principle reveals, the requirements of the principle for the finding of new customary international criminal law are relatively clear.

Keywords: customary international criminal law; European Convention on Human Rights (ECHR); ICCPR; International Criminal Tribunal for Rwanda (ICTR); International Criminal Tribunal for the Former Yugoslavia (ICTY); nullum crimen sine lege principle; Rome Statute; Universal Declaration of Human Rights (UDHR)

10.1163/ej.9789004177727.i-370.49
/content/books/10.1163/ej.9789004177727.i-370.49
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