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John Marshall Law School

International Law

2009

Articles 1 - 2 of 2

Full-Text Articles in Legal History

Beyond Retroactivity To Realizing Justice: A Theory On The Principle Of Legality In International Criminal Law Sentencing, 99 J. Crim. L. & Criminology 857 (2009), Shahram Dana Jan 2009

Beyond Retroactivity To Realizing Justice: A Theory On The Principle Of Legality In International Criminal Law Sentencing, 99 J. Crim. L. & Criminology 857 (2009), Shahram Dana

Faculty Scholarship

Only the innocent deserve the benefits of the principle of legality. This assertion naturally offends our notions of justice. It would be unacceptable for a legal system to institutionalize such an approach. Yet, in the context of prosecuting mass atrocities, genocide, crimes against humanity, and war crimes, international criminal justice mechanisms appear to be resigned to such a principle, if not openly embracing it. Although ranking among the most fundamental principles of criminal law, nulla poena sine lege (no punishment without law) receives surprisingly little attention in international criminal justice. Indeed, it may be considered the "poor cousin" of nullum ...


The Living Constitution Of Ancient Athens: A Comparative Perspective On The Originalism Debate, 42 J. Marshall L. Rev. 463 (2009), Mark J. Sundahl Jan 2009

The Living Constitution Of Ancient Athens: A Comparative Perspective On The Originalism Debate, 42 J. Marshall L. Rev. 463 (2009), Mark J. Sundahl

The John Marshall Law Review

No abstract provided.