01005675 Case File No. 002/19-09-2007/ECCC/TC E313 even when he became nominal head of state as President of the State Presidium.33 The power and control the Accused had as a member of the CPK Central Committee or as head of state are matters of fact relevant to a determination of his criminal responsibility and therefore cannot constitute a barrier to jurisdiction at the trial stage. Additionally, according to the overwhelming weight of the evidence and by their own admission, the Chamber finds that the Accused were Khmer Rouge officials between 1975 and 1979.34 The Chamber therefore affirms that it has personal jurisdiction over NUON Chea and KHIEU Samphan. 15. The crimes against humanity with which the Accused are charged in Case 002/01, allegedly committed between 17 April 1975 and 6 January 1979, fall within the subject-matter and temporal jurisdiction of the ECCC as defined in Articles 1 and 9 of the Agreement and Articles 1 and 5 of the ECCC Law. 2.2. The Principle of Legality 16. Both the Cambodian and international principles of legality, connected with the general principles of nulla poena sine lege (no penalty without law) and nullum crimen sine lege (no crime without law), require that the law concerning crimes and modes of criminal liability be clear, ascertainable and non-retrospective.35 Thus, in the specific context of the ECCC, the principle of legality requires that the offences and modes of responsibility charged must be recognised under Cambodian or international law as it existed between 17 April 1975 and 6 January 1979, and sufficiently 33 Preliminary Objections Concerning Jurisdiction, E46, 14 February 2011, paras 11-15; See also, Directions to Parties concerning Preliminary Objections and Related Issues (TC), E51/7, 5 April 2011, p. 3 (considering that resolution of KHIEU Samphan’s objections concerning personal jurisdiction entail a mixed assessment of law and fact, the Chamber deferred consideration of these submissions until after the hearing of evidence). 34 See Section 7: Roles and Functions – Nuon Chea, paras 347-348; Section 8: Roles and Functions – Khieu Samphan, paras 408-409. 35 KAING Guek Eav Appeal Judgement, para. 91; Cambodian Criminal Code, Articles 1 (“The criminal law defines the offenses, determines those who may be found guilty of committing them, sets penalties, and determines how they shall be enforced”), 3 (“Conduct may give rise to criminal conviction only if it constituted an offence at the time it occurred. A penalty may be imposed only if it was legally applicable at the time the offence was committed”), 5 (“In criminal matters, the law shall be strictly construed. A judge may neither expand its scope of application nor interpret it by analogy”), 8 (“The provisions of this Code may not have the effect of denying justice to the victims of serious offences which, under special legislation, are characterised as violations of international humanitarian law, international custom, or international conventions recognised by the Kingdom of Cambodia”). Case 002/01, Judgement, 7 August 2014 - Public 8