Non-retroactivity

Austria

Austria - Extradition and Mutual Assistance (EN/DE) 1979 (2020)

TITLE II
Extradition from Austria

Chapter ONE
Admissibility of Extradition

Prosecution of Persons without Criminal Responsibility
ยง 21. It shall be inadmissible to extradite persons who were without criminal responsibility under Austrian law or the law of the requesting State at the time of the punishable act.

Rome Statute

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.