Title 2 Of the Charter of Fundamental Rights and Duties, of the Individual and of the Citizen
Article 39
No one may be deprived of their freedom if it does not conform to the provisions of law.
No one may be charged, arrested, detained, or judged except in cases determined by a law decreed prior to the acts for which they are accused.
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.