Chapter II
THE FREEDOMS, RIGHTS AND OBLIGATIONS OF PERSONS AND CITIZENS
PERSONAL FREEDOMS AND RIGHTS
Article 42
1. Only a person who has committed an act prohibited by a statute in force at the moment of commission thereof, and which is subject to a penalty, shall be held criminally responsible. This principle shall not prevent punishment of any act which, at the moment of its commission, constituted an offence within the meaning of international law.
GENERAL PART
Chapter I
Principles of penal liability
Article 1. ยง 1. Penal liability shall be incurred only by a person who commits an act prohibited
under penalty, by a law in force at the time of its commission.
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.