Rome Statute of the International Criminal Court
PART 3. GENERAL PRINCIPLES OF CRIMINAL LAW
Article 22
Nullum crimen sine lege
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 poena 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 258
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:
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(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;
(c)
For the purpose of facilitating the commission of such a crime, aids, abets or
otherwise assists in its commission or its attempted commission, including
providing the means for its commission;
(d)
In any other way contributes to the commission or attempted commission
of such a crime by a group of persons acting with a common purpose. Such
contribution shall be intentional and shall either:
As amended by resolution RC/Res.6 of 11 June 2010 (adding paragraph 3 bis).