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Volume II, s.5 The Statute and General International Law, 27 The Statute’s Rules on Crimes and Existing or Developing International Law

Mohamed Bennouna

From: The Rome Statute of the International Criminal Court

Edited By: Professor Antonio Cassese, Professor Paola Gaeta, Mr John R.W.D. Jones

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 10 December 2022

Crimes against humanity — Genocide — War crimes — Nullum crimen sine lege — General principles of international law
Article 10 of the Rome Statute (‘Nothing in this Part shall be interpreted as limiting or prejudicing in any way existing or developing rules of international law for purposes other than this statute’) forms part of Part 2, ‘Jurisdiction, Admissibility and Applicable Law’. Part 2 is essential to the overall structure of the Rome Statute because it enumerates the crimes, defines them, and sets the prescriptive normative framework for prosecution and trial thereof. At first glance it may seem surprising that the saving clause contained in Article 10 does not relate...
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