The principle of non bis in idem (double indictment) at the International Criminal Court

Abstract

The principle of non bis in idem, also known as the principle of "neither bis in idem" (double indictment), is a cornerstone of the international criminal justice system and ensures the protection of individuals from repeated prosecution for the same crimes. This principle is enshrined in Article 20 of the Rome Statute of the International Criminal Court, which clearly states that no person may be tried before the Court for acts that constituted the basis of crimes for which they have already been convicted or acquitted by the same court. The primary objective is to prevent undue judicial overburdening of accused persons and to maintain the stability of judicial decisions. However, this principle does not prevent the ICC from exercising its jurisdiction if the proceedings at the national level do not conform to standards of genuine justice. The Rome Statute provides exceptions that allow the Court to review cases in which national procedures have been manipulated to shield the person from international criminal responsibility, or when investigations or trials were not conducted independently or impartially, or in a manner inconsistent with the intent of bringing the person to justice. This reflects the principle of complementarity that governs the Court's relationship with national judicial systems, whereby the Court only intervenes when states are genuinely unwilling or unable to prosecute international crimes. Serious. This balance aims to ensure that perpetrators of the most serious crimes do not go unpunished, while respecting states' sovereignty and their ability to deliver justice.