An appraisal of the legality principles in relation to genocide and crimes against humanity in contemporary international law

Abstract

This article examines the principles of legality enshrined in the maxim "nullum crimen sine lege" in relation to genocide and crimes against humanity in contemporary international law. In particular, it aims to assess the relevant provisions of the Statute of the International Criminal Court (ICC) with a view of ascertaining whether the principle of "nullum crimen sine lege" will stand in the way of the progressive development of international law with respect to the definitional compass of the two mentioned crimes. Findings are based on a number of sources, including writings by eminent scholars, the Statutes and case-law of the ad hoc International Criminal Tribunals, and the travaux preparatoires and text of the Rome Statute.