
This report outlines the most prominent cases in which the European Court of Human Rights evaluated the application of Article 7 of the European Convention on Human Rights (ECHR). Article 7 provides that ‘no one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national or international law at the time when it was committed’. The decisions presented in this report confirmed that the retroactive application of domestic criminal law is, in certain cases, possible for war crimes, crimes against humanity and the crime of genocide.
Furthermore, the report delves into other protected rights under the ECHR, examining the application of universal jurisdiction in regard to the right to a fair trial, along with the duty of a state to effectively investigate these crimes, and fair trial guarantees for the purpose of extradition.
The aim of this report is to offer national authorities comprehensive expertise on the matter and encourage them to explore the legal possibility of conducting investigations and subsequent prosecutions of core international crimes even if the acts in question have been committed prior to the implementation of the relevant provisions in their national legislation.