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A Commentary on the International Covenant on Civil and Political Rights Published online by Cambridge University Press: 11 June 2020
Article 15 prohibits the retroactive application of criminal law, both in relation to criminal conviction (Article 15(1), first sentence) and greater severity of any sentence (second sentence). It also requires a more lenient penalty to be applied if one is introduced after the offence was committed (third sentence). Article 15(2) preserves the legitimacy of the trial and punishment of crimes ‘according to the general principles of law recognized by the community of nations’, prompted by concerns that the post-Second World War prosecution of war crimes may otherwise be called into question.
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