The Principle of Legality Under the European Court of Human Rights 
This paper will analyze one of the most fundamental rules of law in criminal law, the Principle of Legality under the European Court of Human Rights (ECtHR) found in Article 7 ECHR. “Nullum crimen sine lege, nulla poena sine lege” (“no crime without law, no punishment without law”- NCSL), is often referred to as the Principle of Legality in many legal contexts. It is considered a human right and also at the heart of many national criminal legal systems. It is a crucial element of legal defense to a criminal prosecution in which no crime or punishment can exist without a legal ground. It is a guarantee of human liberty; it ensures the fairness and transparency of the judicial authority and it protects individuals from state abuse and unjust treatment. The principle of legality (“nullum crimen sine lege, nulla poena sine lege”) is found in Article 7 of the ECHR and this paper will also examine the way in which the ECHR has developed the Principle of Legality to encompass three overlapping mechanisms which are: “…only the law can define a crime and prescribe a penalty; the prohibition on retrospective criminal law and the prohibition on the imposition of harsher penalties”.
The respect for nullum crimen sine lege is of upmost importance in the international criminal law context. NCSL is contiguous to the ECHR provisions on the prohibitions on slavery and torture. The principle is often associated with ensuring that all punishments are established before the commencement of any criminal prosecution and that the criminal action is penalized. Even though NCSL is the core of the rule of law in criminal law that is inalienable to every person some scholars have also associated the rule of NCSL to the pursuit of stifling governments, states, legal and judicial institutions from enacting ex post facto legislation. International criminal law has been criticized for ignoring this essential rule in times of emergency situations which many times the world has seen the ECtHR
The respect for nullum crimen sine lege is of upmost importance in the international criminal law context. NCSL is contiguous to the ECHR provisions on the prohibitions on slavery and torture. The principle is often associated with ensuring that all punishments are established before the commencement of any criminal prosecution and that the criminal action is penalized. Even though NCSL is the core of the rule of law in criminal law that is inalienable to every person some scholars have also associated the rule of NCSL to the pursuit of stifling governments, states, legal and judicial institutions from enacting ex post facto legislation. International criminal law has been criticized for ignoring this essential rule in times of emergency situations which many times the world has seen the ECtHR