International Criminal Court

Third session (11-21 February 1997)

New York, 11th February 1997

Afternoon meeting

Working group on Principles of Criminal Law and Penalties

The works continued in the afternoon with the analysis of Principles of Criminal Law and Penalties and respectively: nullum crimen sine lege; non-retroactivity; jurisdiction ratione temporis.

Most of delegations expressed their favor to separate the three principles into different corresponding articles. With particular reference to the third principle concerning the temporary jurisdiction the majority of the States expressed the belief that it should be discussed within jurisdictional matter and not included in the general principles of criminal law. Furthermore many delegations agreed with the necessary enforcement of the "nullum crimen sine lege" and "non retroactivity" principles. Regarding to "ratione temporis" principle some delegations convened that the competence of the ICC will not interfere with competence of the two ad hoc tribunals on former Yugoslavia and Rwanda, while other delegations have objected that some conflict of competence may arise.

The meeting closed discussing the individual criminal responsibility, with particular regard (French delegation) to the possibility for legal entities to be indicted by the ICC.