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Part 3 General Principles of Criminal Law: Principes Généraux Du Droit Pénal, Art.23 Nulla poena sine lege

William A. Schabas

From: The International Criminal Court: A Commentary on the Rome Statute (2nd Edition)

William A Schabas

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 17 January 2021

Subject(s):
Human rights remedies — Elements of crimes — International criminal law, conduct of proceedings — Evidence

This chapter comments on Article 23 of the Rome Statute of the International Criminal Court. Article 23 serves as a limit on the exercise of discretion by the Court. It cannot impose punishment that is not set out in the Statute or provided in accordance with its delegated legislation, and specifically the Rules of Procedure and Evidence. It also prevents States Parties from imposing additional punishment upon those who have already been convicted by the Court. The ramifications of this remain to be determined, but offenders may argue that civil sanctions such as deprivation of the right to vote, or prohibition of holding office, constitute additional punishment and are therefore prohibited by article 23.

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