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The Rome Statute of the International Criminal Court - A Commentary edited by Cassese, Antonio; Gaeta, Paola; Jones, John RWD (25th July 2002)

Volume II, s.6 International Criminal Proceedings, Ch.35 Penalties

William A. Schabas

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, 2015. All Rights Reserved.date: 24 July 2019

Subject(s):
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...
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