PART 3. General principles of criminal law

• Author: International Criminal Court
• Pages: 20-24

20

Rome Statute of the International Criminal Court

PART 3.

GENERAL PRINCIPLES OF CRIMINAL LAW

Article 22

Nullum cr imen sine l ege

1. A person shall not be criminally responsible under this Statute unless the conduct in

question constitutes, at the time it takes place, a crime within the jurisdiction of the

Court.

2. The def‌inition of a crime shall be strictly construed and shall not be extended by

analogy. In case of ambiguity, the def‌inition shall be interpreted in favour of the person

being investigated, prosecuted or convicted.

3. This article shall not affect the characterization of any conduct as criminal under

international law independently of this Statute.

Article 23

Nulla poe na sine lege

A person convicted by the Court may be punished only in accordance with this Statute.

Article 24

Non-retroactivity ratione personae

1. No person shall be criminally responsible under this Statute for conduct prior to the

entry into force of the Statute.

2. In the event of a change in the law applicable to a given case prior to a f‌inal judgement,

the law more favourable to the person being investigated, prosecuted or convicted

shall apply.

Article 259

Individual criminal responsibility

1. The Court shall have jurisdiction over natural persons pursuant to this Statute.

2. A person who commits a crime within the jurisdiction of the Court shall be individually

responsible and liable for punishment in accordance with this Statute.

3. In accordance with this Statute, a person shall be criminally responsible and liable for

punishment for a crime within the jurisdiction of the Court if that person:

(a) Commits such a crime, whether as an individual, jointly with another or

through another person, regardless of whether that other person is criminally

responsible;

(b) Orders, solicits or induces the commission of such a crime which in fact occurs

or is attempted;

9 As amended by r esolution RC/ Res.6 of 11 June 2010 (addi ng paragraph 3 bis). See de positar y notif‌icat ion C.N.651.2 010.

TREAT IES-8 of 29 Novemb er 2010. The UN Treat y Section website d etailing t he status of the a mendment is avai lable

at: https://treaties.un.org/Pages/ViewDetail s.aspx?src=TREATY&mtdsg_no=XVII I-10-b&chapter=18&clang=_en.