Page "Nulla poena sine lege" Paragraph 3

The argument has been proposed that this exercise does not violate nulla poena sine lege, since these acts, even if not prohibited under the law of any country, are in violation of international law, which many legal theorists view as being equally law.

However, this view depends on accepting as law mere intent, presumption and personal preference, rather than something that has been formally codified, which is a step many legal practicians are not quite prepared to make, all theories aside.