5cjxburmr

conspiracy, joint criminal enterprise, and other theories of secondary liability are not prohibitedby this rule. 122 8.16.2.2 No Crime or Punishment Without Prior Law. No one shall be accused orconvicted of a criminal offense on account of any act or omission that did not constitute acriminal offense under the national or international law to which he or she was subject at thetime when it was committed; nor shall a heavier penalty be imposed than that which wasapplicable at the time when the criminal offense was committed; if, after the commission of theoffense, provision is made by law for the imposition of a lighter penalty, the offender shallbenefit thereby. 1238.16.2.3 No Repetition of Punishment. No one shall be prosecuted or punished bythe same party for an offense in respect of which a final judgment acquitting or convicting thatperson has been previously pronounced under the same law and judicial procedure. 1248.16.2.4 Limitations on the Death Penalty. The death penalty shall not bepronounced on persons who were under the age of eighteen years at the time of the offense andshall not be carried out on pregnant women or mothers of young children. 1258.16.3 Rights of Defense and Trial Procedure. The procedure shall provide for anaccused to be informed without delay of the particulars of the notice alleged against him or herand shall afford the accused before and during his or her trial all necessary rights and means ofdefense. 126122 Refer to § 18.23 (Theories of Individual Criminal Liability).123 Consider AP I art. 75(4)(c) (“No one shall be accused or convicted of a criminal offence on account of any act oromission which did not constitute a criminal offence under the national or international law to which he was subjectat the time when it was committed; nor shall a heavier penalty be imposed than that which was applicable at the timewhen the criminal offence was committed; if, after the commission of the offence, provision is made by law for theimposition of a lighter penalty, the offender shall benefit thereby;”); AP II art. 6(2)(c) (“No one shall be accused orconvicted of a criminal offence on account of any act or omission which did not constitute a criminal offence underthe national or international law to which he was subject at the time when it was committed; nor shall a heavierpenalty be imposed than that which was applicable at the time when the criminal offence was committed; if, afterthe commission of the offence, provision is made by law for the imposition of a lighter penalty, the offender shallbenefit thereby;”).124 Consider AP I art. 75(4)(h) (“No one shall be prosecuted or punished by the same Party for an offence in respectof which a final judgement acquitting or convicting that person has been previously pronounced under the same lawand judicial procedure;”).125 Consider AP II art. 6(4) (“The death penalty shall not be pronounced on persons who were under the age ofeighteen years at the time of the offence and shall not be carried out on pregnant women or mothers of youngchidren [sic].”).126 Consider AP I art. 75(4)(a) (“The procedure shall provide for an accused to be informed without delay of theparticulars of the offence alleged against him and shall afford the accused before and during his trial all necessaryrights and means of defence;”); AP II art. 6(2)(a) (“The procedure shall provide for an accused to be informedwithout delay of the particulars of the offence alleged against him and shall afford the accused before and during histrial all necessary rights and means of defence;”).509