The Right to Protection from Retroactive Criminal Law

Popple, James

doi:10.2139/ssrn.1335644

Cited by 5 publications

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“…As the national legislation, this code had origins thru the Western laws from the 18th Century because it was firstly injected in Art. 8 of the 1789 French Declaration of the Rights of Man (Williams, 1961) (Popple, 1989). Then, the embargo against ex post facto rules was likewise inserted in Art.…”

Section: An Overview On Banning the Ex Post Facto Prosecution Of An A...mentioning

confidence: 99%

Ex Post Facto Prosecution of International Crimes in the Bangladesh War Crimes Tribunal: An Issue of Constitutionality

Billah,

Rahmat,

Hassan

et al. 2024

MJSSH

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Bangladesh War Crimes Tribunal-a domestic criminal court is currently prosecuting the offenders of atrocious crimes perpetrated in the Bangladesh War of Independence in 1971. Though the atrocious offenses took place in 1971, the International Crimes Tribunal (ICT) Act 1973 was decreed by Bangladeshi Parliament in 1973, and the Tribunal was established in 2010; hence the ICT Act 1973 is considered as an ex post facto (retrospective) legislation because it has been promulgated after the commission of the crimes. Therefore, this study first analyzes the importance of ex post facto law’s prohibition in customary international law. Secondly, the study highlights how the 1973 ICT Act applies to prosecute the ICTB’s defendants retrospectively by amending the constitution of Bangladesh. Thirdly, it examines the ex post facto legislation’s application in the Bangladesh Tribunal and the issue of constitutionality because rules on the prohibition of retrospective legislation is one of the fundamental rights of every citizen that need to be safeguarded by every constitution of civilized nations. Lastly, this study's originality proves that ex post facto law’s application in the ICTB is unconstitutional. Then, this research paper concludes by inferring that the government of Bangladesh needs to amend the constitution to prohibit the ex post facto law’s implementation through the Tribunal that will enhance the legal acceptability of the War Crimes Court because the recent Criminal Court in question is operating under the Bangladeshi government.

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Section: An Overview On Banning the Ex Post Facto Prosecution Of An A...mentioning

confidence: 99%

Ex Post Facto Prosecution of International Crimes in the Bangladesh War Crimes Tribunal: An Issue of Constitutionality

Billah,

Rahmat,

Hassan

et al. 2024

MJSSH

View full text Add to dashboard Cite

show abstract

“…As a domestic law, this principle had roots in the Western legal systems since the 18 th Century as it was first duly inserted in Article 8 of the French Declaration of the Rights of Man of 1789 (Williams, 1961), by stating, "[n]o one can be punished but under a law established and promulgated before the offense and legally applied." The similar principle also reemerged in Article 8 of the French Constitution of 1791, and it remained in the French Penal Code of 1791, with its successive undertaking in Article 1 of the German Penal Code of 1871 and reformulation in the Weimar Constitution (Popple, 1989). The ban against "ex post facto" laws was also envisaged in Article 1 of the US Constitution (Edinger, 1995).…”

Section: A Rule To Prohibit Retroactive Prosecution Of Crimes Against...mentioning

confidence: 99%

“…rightly mentions: "[I]nternationally illegal acts for which the London Agreement established individual criminal responsibility … [were] also morally most objectionable, and [those who] committed these acts were certainly aware of their immoral character, [and thus] the retroactivity of the law applied to them can hardly be considered as absolutely incompatible with justice." Hence, it is rational to regard that the judicial conduct of the IMT was legalized by claiming that the acts of the Nazis were so morally wrong and needed to be penalized accordingly (Popple, 1989). Professor Kelsen reiterates his exceeding view on supporting the retrospective trial of international crimes at the IMT by inferring that though under existing laws, the defendants' acts were not criminal, it was against the moral values and deserved punishment (Note 10).…”

Section: Justification Of Retrospective Prosecution Of Crimes Against...mentioning

confidence: 99%

Non-retroactivity in Prosecuting Crimes against Humanity and International Crimes Tribunal Bangladesh

Billah¹

2020

JPL

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The International Crimes Tribunal Bangladesh (ICTB) was set up by Bangladesh through the adaptation of the International Crimes Tribunal Act 1973, as an internal mechanism trying to prosecute and punish Bangladeshi perpetrators who committed international crimes in Bangladesh liberation war in 1971. After a long disappearance from the public eye, the Tribunal was reemerged in 2010. The recent cases decided by the Tribunal have revealed that the international crimes; namely, crimes against humanity, were allegedly committed in 1971, while the relevant Statute was enacted in 1973, and was implemented in 2010. Recently, the ICTB is prosecuting crimes against humanity retroactively, which might have violated the prohibition of penalizing certain conducts committed by the perpetrators before the enforcement of such conduct as a law banning such demeanor as an offense. Therefore, this study firstly analyzes the rule against retroactivity in international criminal law. Secondly, it investigates the justification of the retroactive criminalization of crimes against humanity at the first International Military Tribunal, Nuremberg, and its crystallization into the regional and international legal instruments. Thirdly, the study examines the characteristics of crimes against humanity as an international crime, to scrutinize whether the ICTB needs to fulfill such requirements either in 1971 or 2010. Then, it illustrates various judgments of the ICTB, demonstrating that it does not comply with the rule prescribed by international laws either in 1971 or 2010, in prosecuting crimes against humanity retroactively. Lastly, the study concludes by forwarding ways necessary to the ICTB in retroactive prosecution of international offenses.

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“…(2012) LPELR -7902 (CA); Hon. Hembe v. FRN (2014) LPELR -22705 (CA)prosecutors are allowed to alter, add or amend charges in respect to part heard cybercrime matters to reflect offences under the Nigerian Cybercrimes Act 2015 or charge cybercrime perpetrators for acts committed prior to the commencement of the Act, it will encourage abuse of individual rights 52.…”

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confidence: 99%

Cybercrime prosecutors and non-retroactivity of the nigerian cybercrimes act 2015

Eboibi¹

2018

RAESMPCE

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The role of cybercrime prosecutors in the quest to eradicate the proliferation of cybercrime and enhance the administration of cybercrime justice in Nigeria cannot be overemphasized. However, the recent enactment of the Nigerian Cybercrimes Act 2015 which ordinarily should be a tool in the hands of cybercrime prosecutors, raises pungent questions as to the legality or otherwise of bringing pending cybercrime matters before courts and the prosecution of perpetrators of cybercrime prior to the commencement of the Act under the Nigerian Cybercrimes Act 2015. The dilemma that this portends for the administration of cybercrime justice is that in the absence of proper appreciation of the legal implications, a cybercrime prosecutor would amend ongoing cybercrime charges and arraign perpetrators of cybercrime for offences committed before the commencement of the Nigerian Cybercrimes Act 2015. This paper consequently analyses, from the perspective of legal inclinations, the appropriate role of a cybercrime prosecutor in respect to ongoing cybercrime proceedings prior to the commencement of the Nigerian Cybercrimes Act 2015. It unravels the apposite action for a cybercrime prosecutor when faced with an opportunity to arraign perpetrators of cybercrime prior to the commencement of the Act before the courts to enhance the effective administration of cybercrime justice.

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The Right to Protection from Retroactive Criminal Law

Cited by 5 publications

References 0 publications

Ex Post Facto Prosecution of International Crimes in the Bangladesh War Crimes Tribunal: An Issue of Constitutionality

Ex Post Facto Prosecution of International Crimes in the Bangladesh War Crimes Tribunal: An Issue of Constitutionality

Non-retroactivity in Prosecuting Crimes against Humanity and International Crimes Tribunal Bangladesh

Cybercrime prosecutors and non-retroactivity of the nigerian cybercrimes act 2015

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