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Part 2 Jurisdiction, Admissibility, and Applicable Law: Compétence, Recevabilité, Et Droit Applicable, Art.20 Ne bis in idem

William A. Schabas

From: The International Criminal Court: A Commentary on the Rome Statute (2nd Edition)

William A Schabas

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 26 January 2021

Subject(s):
Res judicata — Elements of crimes — International criminal law, conduct of proceedings — Estoppel — Evidence

This chapter comments on Article 20 of the Rome Statute of the International Criminal Court. The concept of ne bis in idem has been varoiusly described by such cognate terms such as ‘double jeopardy’, res judicata, and issue estoppel. In the Rome Statute, the principle one of the three components of the admissibility determination, the other two being complementarity and gravity. Article 20 addresses three types of situations: (i) where a person has been tried and either convicted or acquitted by the Court and who is subsequently put on trial again before the Court; (ii) where a person has been tried and either convicted or acquitted by the Court and who is subsequently put on trial again before another court; and (iii) where a person has been tried and either convicted or acquitted by another court and who is subsequently put on trial before the International Criminal Court.

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