Non-retroactivity

New Zealand

Crimes Act 1961

Part 1
Jurisdiction

10A Criminal enactments not to have retrospective effect

Notwithstanding any other enactment or rule of law to the contrary, no person shall be liable in any criminal proceedings in respect of an act or omission by him if, at the time of the act or omission, the act or omission by him did not constitute an offence.

International Crimes and International Criminal Court Act 2000

PART 2 - INTERNATIONAL CRIMES AND OFFENCES AGAINST ADMINISTRATION OF JUSTICE

Jurisdiction to try international crimes

8.
Jurisdiction in respect of international crimes—

(1) Proceedings may be brought for an offence—

(a)against section 9 or section 10, if the act constituting the offence charged is alleged to have occurred—

(i)on or after the commencement of this section; or

(ii)on or after the applicable date but before the commencement of this section; and would have been an offence under the law of New Zealand in force at the time the act occurred, had it occurred in New Zealand; and

(b)against section 11, if the act constituting the offence charged is alleged to have occurred on or after the commencement of this section; and

PART 2 - INTERNATIONAL CRIMES AND OFFENCES AGAINST ADMINISTRATION OF JUSTICE

General principles of criminal law

12.
General principles of criminal law—

(1)For the purposes of proceedings for an offence against section 9 or section 10 or section 11,—

(a)the following provisions of the Statute apply, with any necessary modifications:

(iii)article 24(2) (which relates to the effect of changes in the law):

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.