Spans in 'Netherlands - Constitution' tagged with 'Non-retroactivity'

'Non-retroactivity' in document 'Netherlands - Constitution'

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More information about the keyword 'Non-retroactivity'
More information about the document 'Netherlands - Constitution'
The relevant provisions of implementing legislation: [1]
The Relevant Provisions of the Rome Statute
Analysis

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CHAPTER 1
Fundamental rights

Article 16

No offence shall be punishable unless it was an offence under the law at the time it was committed.

RELEVANT ROME STATUTE PROVISIONS

Article 11
Jurisdiction ratione temporis
2. If a State becomes a Party to this Statute after its entry into force, the Court may exercise its jurisdiction only with respect to crimes committed after the entry into force of this Statute for that State, unless that State has made a declaration under article 12, paragraph 3.

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.

ANALYSIS

This provision follows the ICC Statute.

The International Crimes Act 2003 provides courts in the Netherlands with jurisdiction over persons who have acquired Dutch nationality after the commission of the crime.