The Perils of Progressive Jurisprudence
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.
Matt Aucott | |
38 | |
10/20/2021 | |
01:03:53 | |
Jurisprudence, LAWS, International Criminal Law, Elizabeth Wilmshurst, Payam Akhavan, Judicial | |
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