Wednesday, September 29, 2010

Van Schaack: The Principle of Legality in International Criminal Law

Beth Van Schaack (Santa Clara Univ. - Law) has posted The Principle of Legality in International Criminal Law. Here's the abstract:
These remarks, delivered at the 103rd Annual Meeting of the American Society of International Law, concern the application of the principle of legality (nullum crimen sine lege) in international criminal law. While international criminal law judges have not strictly applied the principle, their jurisprudence does not compromise the fundamental fairness of modern proceedings, because the judges acted consistently with the international formulation and authoritative interpretations by human rights institutions of the principle.