'Nullum crimen sine lege' in document 'Netherlands - Constitution'

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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 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.

ANALYSIS

This provision follows the ICC Statute.