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Max Planck Encyclopedia of Public International Law [MPEPIL]

Ne bis in idem

Robin Geiß

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 18 July 2019

Subject(s):
Right to fair trial — Crimes against humanity — International criminal courts and tribunals, composition

Published under the auspices of the Max Planck Foundation for International Peace and the Rule of Law under the direction of Rüdiger Wolfrum.

1 The principle of ne bis in idem , synonymously referred to as the prohibition of double jeopardy, is almost universally included in the domestic laws of States. It is also anchored in various international instruments (see below paras 5 – 12 ). Literally translated ne bis in idem means ‘not twice about the same’. Put simply—a closer look below will reveal complications—the principle provides that nobody should be judged twice for the same offence. Historically, the principle derives from the Roman law maxim bis de eadem re ne sit actio . The double jeopardy...
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