'Nullum crimen sine lege' in document 'New Zealand - ICC Act'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART 2 - INTERNATIONAL CRIMES AND OFFENCES AGAINST ADMINISTRATION OF JUSTICE

Jurisdiction to try international crimes

8.
Jurisdiction in respect of international crimes—

(1) Proceedings may be brought for an offence—

(a)against section 9 or section 10, if the act constituting the offence charged is alleged to have occurred—

(i)on or after the commencement of this section; or

(ii)on or after the applicable date but before the commencement of this section; and would have been an offence under the law of New Zealand in force at the time the act occurred, had it occurred in New Zealand; and

(b)against section 11, if the act constituting the offence charged is alleged to have occurred on or after the commencement of this section; and

PART 2 - INTERNATIONAL CRIMES AND OFFENCES AGAINST ADMINISTRATION OF JUSTICE

General principles of criminal law

12.
General principles of criminal law—

(1)For the purposes of proceedings for an offence against section 9 or section 10 or section 11,—

(a)the following provisions of the Statute apply, with any necessary modifications:

(ii)article 22(2) (which relates to principles of interpretation to be applied to the definition of crimes):

RELEVANT ROME STATUTE PROVISIONS

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.