CHAPTER FOUR—PROTECTION AND PROMOTION OF FUNDAMENTAL AND OTHER HUMAN RIGHTS AND FREEDOMS.
General.
28. Right to a fair hearing.
(7) No person shall be charged with or convicted of a criminal offence which is founded on an act or omission that did not at the time it took place constitute a criminal offence.
CHAPTER FOUR—PROTECTION AND PROMOTION OF FUNDAMENTAL AND OTHER HUMAN RIGHTS AND FREEDOMS.
General.
28. Right to a fair hearing.
(12) Except for contempt of court, no person shall be convicted of a criminal offence unless the offence is defined and the penalty for it prescribed by law.
Part II – International Crimes and Offences Against The Administration of Justice
General Principles of Criminal Law
19. General principles of criminal law.
(1) For the purposes of proceedings for an offence against section 7 or section 8 or section 9 –
(a) the following provisions of the Statute apply, with any necessary modifications –
(ii) article 22(2) (which relates to principles of interpretation to be applied to the definition of crimes);
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.