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The International Crimes Act, 2008
principles of the international law of armed conflict;
(c) Failing that, general principles of law derived by the Court from
national laws of legal systems of the world including, as appropriate, the
national laws of States that would normally exercise jurisdiction over the
crime, provided that those principles are not inconsistent with this Statute
and with international law and internationally recognized norms and
standards.
2. The Court may apply principles and rules of law as interpreted in its
previous decisions.
3. The application and interpretation of law pursuant to this article must be
consistent with internationally recognized human rights, and be without
any adverse distinction founded on grounds such as gender as defined in
article 7, paragraph 3, age, race, colour, language, religion or belief,
political or other opinion, national, ethnic or social origin, wealth, birth or
other status.
PART 3. GENERAL PRINCIPLES OF CRIMINAL LAW
Article 22
Nullum crimen sine lege
1. A person shall not be criminally responsible under this Statute unless
the conduct in question constitutes, at the time it takes place, a crime
within the jurisdiction of the Court.
2. The definition of a crime shall be strictly construed and shall not be
extended by analogy. In case of ambiguity, the definition shall be
interpreted in favour of the person being investigated, prosecuted or
convicted.
3. This article shall not affect the characterization of any conduct as
criminal under international law independently of this Statute.
Article 23
Nulla poena sine lege
A person convicted by the Court may be punished only in accordance with
this Statute.
Article 24
Non-retroactivity ratione personae
1. No person shall be criminally responsible under this Statute for conduct
prior to the entry into force of the Statute.
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