The Principle of Legality in International and Comparative Criminal Law

Abstract

This book covers the development of the Principle of Legality in criminal law (particularly, but not exclusively, its prohibition of retroactive creation of crimes and punishments) into a rule of customary international human rights law. It collects worldwide national constitutional and statutory provisions, treaties and their drafting history, international practice under these treaties, and practice of international courts and tribunals. A brief table of contents:

Chapter 1: Legality in Criminal Law, its Purposes, and its Competitors Chapter 2: A Partial History to World War II Chapter 3: Nuremberg, Tokyo, and Other Post-War Cases Chapter 4: Modern Development of International Human Rights Law: Practice involving Multilateral Treaties and the Universal Declaration of Human Rights Chapter 5: Modern Comparative Law Development: National Provisions Concerning Legality Chapter 6: Legality in the Modern International and Internationalized Criminal Courts and Tribunals Chapter 7: Legality as a Rule of Customary International Law Today Conclusion: The Endurance of Legality in National and International Criminal Law Appendix A: Chart of Non-Retroactivity Provisions in Criminal Law by Nations Appendix B: Legality/Non-Retroactivity Provisions as of 1946-47 Appendix C: Constitutional and Other National Provisions Implementing the Principle of Legality

Keywords: legality, international criminal law, criminal law, criminal procedure, international organizations, international courts and tribunals, customary international law