ABSTRACT
Article 1 provides that “Any person who commits an act which constitutes a crime under international law is responsible therefore and liable to punishment.” There is no incompatibility between individuals being responsible for a particular crime and the State being internationally responsible for the same activities. In relation to individual perpetrators, individual criminal responsibility is not about whether the relevant individual is bound by particular rules of international law but whether those rules were applicable whenever and wherever the relevant crimes were committed. International criminal justice is a multi-level arrangement consisting of national and international courts that have jurisdiction to prosecute individuals for core international crimes, such as genocide, war crimes, and crimes against humanity. National prosecution remains the principal means through which States ought to fulfil their obligations in this area. The accusation about retroactive legislation is closer to the truth as regards crimes against humanity.
