Practice Relating to Rule 101. The Principle of Legality
Senegal’s Penal Code (1965), as amended in 1999, states: “No felony, misdemeanour or infraction shall be liable to penalties that were not set forth in legislation or regulations prior to their commission.”
Senegal’s Penal Code (1965), as amended in 2007, states:
Notwithstanding the provisions in Article 4 [on the principle of legality] of this Code, any individual may be tried or sentenced for acts or omissions referred to in this Chapter [on crimes under international law, including war crimes] and in Article 295.1 [on torture] of the Penal Code which, at the time and place of its commission, constituted a criminal offence according to the general principles of law recognized by the community of nations, regardless of whether or not they constituted a transgression of the law in force at that time and place.
Senegal’s Constitution (2001), as amended in 2008, states:
No one may be convicted other than by virtue of a law which entered into force before the act was committed.
However, the provisions of the preceding paragraph shall not hinder the prosecution, trial and conviction of any person for acts or omissions which, at the time when they were committed, were defined as criminal under the rules of international law concerning acts of genocide, crimes against humanity and war crimes.
In 2011, in its third periodic report to the Committee against Torture, Senegal stated:
Article 2 of the  Convention [against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment]
93. New legislative measures have been adopted to strengthen the law in this respect:
- Act No. 2007-02 of 12 February 2007 incorporated articles 431-1, 431-2, 431-3, 431-4 and 431-5 into the [1965 Penal] Code [as amended in 1999]. These articles deal with the crime of genocide, crimes against humanity, war crimes and other crimes under international law, such as those covered by the Hague Conventions of 1954, 1976 and 1980, which had not previously been specified in the Code.
- Article 431-6 of the [Penal] Code stipulates that perpetrators of the violations covered by articles 431-1 to 431-5, the provisions of article 4 of the Code notwithstanding, may be tried and sentenced for an act or an omission which, at the time and in the place of its commission, constituted a criminal offence according to the general principles of law recognized by the community of nations, regardless of whether or not it constituted a crime under the law in force at that time and place.