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The Perils of Progressive Jurisprudence
This lecture is part of the Current Legal Problems Lecture Series 2021-22 The Perils of Progressive Jurisprudence: The Nullum Crimen Sine Lege Principle in International Criminal Law Speaker: Professor Payam Akhavan (Massey College, University of Toronto) Chair: Elizabeth Wilmshurst CMG (Distinguished Fellow, Chatham House) About this lecture Expansive interpretations of human rights and humanitarian law are celebrated by progressive jurists as a welcome shift from positivist State-centric notions towards a more equitable human-centric international law. In the context of criminal justice however, the nullum crimen sine lege principle – codified in Article 22 of the ICC Statute – requires strict construction of the definition of crimes and prohibits either retroactive application or extension by analogy. It is apparent that for the most part, international criminal jurisdictions – from the IMT at Nürnberg to the ICTY-ICTR and ICC – have failed to exercise such judicial restraint.
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10/20/2021