Volume II, s.6 International Criminal Proceedings, Ch.35 Penalties
William A. Schabas
Edited By: Professor Antonio Cassese, Professor Paola Gaeta, Mr John R.W.D. Jones
- Imprisonment — Nullum crimen sine lege — Crimes against humanity — Genocide — Defences
In Part 3 dealing with ‘General Principles’, the Rome Statute of the International Criminal Court sets out the fundamental norm nulla poena sine lege: ‘[a] person convicted by the Court may be punished only in accordance with this Statute’.1 The Statute does not follow the example of most national criminal codes, which establish a precise range of sanctions for specific offences. Rather, there is a general sanctions scheme applicable to the four crimes that come within the subject-matter jurisdiction of the Court. These penalty provisions, found in Part 7 of the...