THE PRINCIPLE OF LEGAL RESERVE IN INTERNATIONAL CRIMINAL LAW

Abstract

By the Principle of Legal Reserve, no fact can be considered a crime if there is no law that fits it in the adjective criminal. And no penalty can be applied if there is no pre-existing sanction corresponding to the fact. The Legal Reserve allows individuals the freedom to act and all limitations, positive or negative, must be expressed in laws. However, to public agents, the same principle becomes adverse. The State, in the absence of legal provisions for its acts, is obligatorily paralyzed and unable to act. In this sense, it is necessary to carry out a study on the application of the principle of legal reserve in International Criminal Law, as it is also the basis of the International Criminal Court's action, by demonstrating its historical evolution and constant concern with human rights.