Historical Memory and Retroactive Application of Criminal Law. Some Arguments from Hans Kelsen's Legal Pacifism
Abstract
The issue of the retroactive application of the criminal law has been one of the main legal problems raised regarding to legal proceedings started by judge Garzón against some of those responsible of the Franco regime for crimes of forced disappearance of thousands of people. The validity of the rule of law principle (and its derivatives lex previa, lex certa, and lex scripta lex stricta) have finally imposed above the possible retroactive application of the criminal law. To thinking about this matter may be of some interest to recover some of the considerations that Hans Kelsen made about the Nuremberg Trials and the retroactive application of sanctions against Nazis.
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