Nullum Sine Lee

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The principle of ‘Nullum Crimen Sine Lege’ is synonymous of the principle of legality. This principle is both considered both sacrosanct. It is seen as an essential defense in criminal law prosecution as it lays down that no individual can be held guilty for an act that was legal at the time of perpetration. It acts as means of protection of against state abuse or arbitrariness and ensures due process as well judicial authority. The principle in general is associated with states, governments, judicial or other types of bodies and constrains these bodies from enacting retrospective laws. The origins of the principle go back to ancient time but it first came to the international forefront during the Nuremberg trials in the post Nuremberg trials. …show more content…

On a prima facie view it would have been simple to follow what Winston Churchill said “line them up and shoot them all” yet here is where the question ‘Nullum Crimen Sine lege’ comes, crimes committed by the Nazi’s at that point were all seen as legal as per the existing German law of the time of perpetration. Crimes like forced sexual sterilization where in fact legitimate acts authorized by the state and very few at that time even questioned the power of the fuhrer led government. Crimes like genocide were nowhere prescribed in international law nor under German law. The principle of Nullum crimen clearly states that if the crime is not prescribed by statute at the time of commission it cannot be given retrospective effect by criminalization in future. This brings us to the central conundrum of transitional justice both today and in 1945, can an individual be tried and punished for the commission of a heinous act even if the act itself is justified in legal sense during the time is perpetration. Eg. Was it right to discriminate based on race (Africans) and religion (Jew’s) or punish them for belonging to certain groups merely because the law prescribed by the 3rd Reich allowed it. Lon Fuller in his criticism of the Nazi laws stated “the law cannot be so hollow so as …show more content…

Its application in matters concerning international armed conflicts has indeed left a lot to be desired but the central premise of the principle to protect individuals from unfettered abuse and misuse of the law when a state turns tyrannical and in that respect it has been an effective means of protection. Its criticism on the international arena has been on the grounds that it acts as a needless shield to those who commit war crime and crimes against humanity and has prevented prosecution of individuals but this argument would only hold any weight at all if the concept was a tool of prosection. Which is why it is essential that when we consider the validity of such a principle it is important do so in the true essence or teleological reason why it was initially synthesized, ‘Nulllum Crimen Sine Lege’ was created to prevent individuals from getting discriminated and to check the states power to incarcerate indivduals and most of all to uphold the rule of law in any civilized society. Thus it may be wise to conclude that despite its short comings it continues to be one of the most pertinent principles of criminal

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