Les juges ne sont que la bouche qui prononce les paroles de la loi, des êtres inanimés qui ne peuvent ni en adresser la force ni la rigueur. " Charles de Secondat Montesquieu, L'esprit des Lois, Livre XI, Ch. III, 127 (1748). " If the interpretation of laws is evil, their obscurity, which necessarily entails interpretation, is obviously another evil- Cesare Beccaria, On Crimes and Punishment, 10-12 (D. Young trans. 1986). If the law is unclear, judges necessarily have to address such considerations and give their interpretation of its obscure parts. The fundamental "principles of legality" emerged from such social contract theorists and since then constantly developed.
[...] "Other inhuman acts", "persecution", and the principle of legality Article 7 of the ICC statute, in its paragraph lists the acts included in the definition of crimes against humanity. Among them some may cause greater problems than others, namely "other inhuman acts" and "persecution". As regard to these acts, the last judgement of the ICTY, Prosecutor v. Kupreskic provides for a pertinent analysis, giving an accurate idea of their actual content. "Other inhuman acts" These crimes are contained in the ICTY and ICTR statutes but not defined. [...]
[...] L (1999), at p The Prosecutor v. Akayesu, Case N° ICTR-96-4-T, Sept Tadic, Trial Chamber Judgement May 1997, at para Report of the Committee on the Establishment of a Permanent International Criminal, U.N. Doc. G.A.O.R. A/50/22 (1995) at I.L.C. Draft Code. 26See Bassiouni, supra note at pp. 756- Fédération Nationale des Déportés et Internés résidents et Patriotes et autres v. [...]
[...] 58; Defence's Closing Brief, filed by counsel for Mirjan Kupreskic Nov p See supra note 35, at para Tadic, Trial Chamber Judgement May 1997, at para See supra note 45, at para. 55- See supra note 35, at para 50Ibid at para Ibid at para. 620. [...]
[...] The fundamental "principles of legality" emerged from such social contract theorists, and since then constantly developed. They are enshrined in the maxims nullum crimen sine lege, nulla poena sine lege, and also contain another fundamental principle of criminal law: the prohibition of ex post facto criminal laws and its derivative rule of non-retroactive application of criminal laws and criminal sanctions. A corollary is the requirement of specificity and the prohibition of ambiguity in criminal legislation. Before Nuremberg and Tokyo, the question of legality only arose once in the entire history of the Permanent Court of International Justice (hereafter PCIJ), in the Advisory Opinion on the Consistency of Certain Danzig Legislative Decrees with the Constitution of the Free City, December "Instead of applying a penal law equally clear to both the Judge and the party accused, ( . [...]
[...] Bassiouni, Crimes Against Humanity in International Criminal Law PCIJ Series A/B N° 65, at pp. 52-53, reproduced in Bassiouni, supra note at pp. 138- E. Schwelb, "Crimes against humanity", British Yearbook of International Law, vol no p Charter of the International Military Tribunal, article annexed to the Agreement for the Prosecution and Punishment of the Major War Criminals of the European Axis, Aug Stat U.N.T.S Trial of the Major War Criminals Before the International Military Tribunal 461 (1949), quoted in Bassiouni, Crimes Against Humanity in International Criminal Law at Preamble, Hague Convention No. [...]
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