Nullum Crimen and International Criminal Law: The Relevance of the Foreseeability Test
In: Nordic Journal of International LawSearch for other papers by Harmen van der Wilt in
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This article traces the development of the foreseeability test in the context of the nullum crimen principle. While the European Court of Human Rights has introduced the ‘accessibility and foreseeability’ criteria long ago in the Sunday Times case, the Court has only recently started to apply this standard with respect to international crimes. In the Kononov case, judges of the European Court of Human Rights exhibited strongly divergent opinions on the question whether the punishment of alleged war crimes that had been committed in 1944 violated the nullum crimen principle. According to this author, the dissension of the judges demonstrates the lack of objective foreseeability, which should have served as a starting point for the assessment of the subjective foreseeability and a – potentially exculpating – mistake of law of the perpetrator. The Court should therefore have concluded that the nullum crimen principle had been violated.
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12
Mariniello, supra note 11, pp. 234–237. He mentions in particular Korbely v. Hungary, 19 September 2008, ECtHR, no. 9174/02; Kononov v. Latvia, 24 July 2007, ECtHR, no. 36376/04, 9 ehrc, Vol. 11, 129 with note by H. Van der Wilt; Kononov v. Latvia, 17 May 2010, ECtHR, no. 36376/04, 11 ehrc, Vol. 8, 80, with note by H. Van der Wilt.
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Mariniello, supra note 11, pp. 240–241.
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Van Verseveld, supra note 40, p. 75.
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Ambos, supra note 1, p. 91.
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Nullum Crimen and International Criminal Law: The Relevance of the Foreseeability Test
In: Nordic Journal of International LawSearch for other papers by Harmen van der Wilt in
Current site
Google Scholar
PubMed
This article traces the development of the foreseeability test in the context of the nullum crimen principle. While the European Court of Human Rights has introduced the ‘accessibility and foreseeability’ criteria long ago in the Sunday Times case, the Court has only recently started to apply this standard with respect to international crimes. In the Kononov case, judges of the European Court of Human Rights exhibited strongly divergent opinions on the question whether the punishment of alleged war crimes that had been committed in 1944 violated the nullum crimen principle. According to this author, the dissension of the judges demonstrates the lack of objective foreseeability, which should have served as a starting point for the assessment of the subjective foreseeability and a – potentially exculpating – mistake of law of the perpetrator. The Court should therefore have concluded that the nullum crimen principle had been violated.
| All Time | Past 365 days | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 773 | 98 | 14 |
| Full Text Views | 319 | 8 | 1 |
| PDF Views & Downloads | 188 | 17 | 3 |
