lex scripta

The lex scripta and lex certa attributes of nulla poena sine lege feature prominently in current state practice.

All of this can be taken as evidence of the recognition that customary international law recognizes a nulla poena sine lege rule which contains a significant lex certa, lex scripta, lex stricta and lex praevia quality.

On the gravity of the offence in international criminal law

(20) The threshold requirements are expressed in the legal principles of lex scripta (punishment must be based on written law) and lex certa (the form and severity of punishment must be clearly defined and distinguishable).

As to the quality of law, lex scripta and lex certa work in tandem and are recognized requirements of nulla poena in most legal systems.

The passive language of these provisions also leaves open to interpretation the notion of "law." What "law" satisfies the lex scripta requirement of nulla poena sine lege when determining the penalty "applicable" at the time of the offense?

(68) Thus, the lex scripta and lex certa attributes of nulla poena sine lege feature prominently in current state practice.

In addition, not only were there consistent expressions of opinio juris by the states on the importance of fundamental principles of criminal law but also, significantly, the reasons articulated for faithful adherence to them reflect those interests protected by the lex certa, lex scripta, lex stricta and lex praevia requirements (87) of nulla poena sine lege.

Beyond retroactivity to realizing justice: a theory on the principle of legality in international criminal law sentencing