Abstract
The present contribution aims to analyze the principle of non bis in idem with regard to concurrent international and domestic criminal jurisdictions. To this end, it will firstly comment on the relevant provisions contained in the Statute of the Nuremberg International Military Tribunal. Basing upon these premises, it will then examine how the relationship between national and international criminal courts and tribunals is provided for within the framework of the Statutes of the ad hoc Tribunals for the crimes committed in the former Yugoslavia and in Rwanda, on the one hand, and the Rome Statute of the International Criminal Court, on the other. In this regard, it will particularly focus upon the implications and consequences of the different modes of establishment of these international jurisdictions and the binding effect of their institutive instruments.
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Notes
- 1.
Entered into force on 8 August 1945.
- 2.
Report of the Secretary-General Pursuant to para 2 of Security Council Resolution 808 (1993), UN Doc. S/725704 (3 May 1993), Annex. The same applies to Article 9 of the Statute of the International Criminal Tribunal for Rwanda (Security Council Resolution on the establishment of an International Tribunal and adoption of the Statute of the Tribunal, UN Doc. S/RES/955 (1994) (8 November 1994), Annex), which is identical.
- 3.
Entered into force on 1 July 2002.
- 4.
Entered into force on 23 March 1976.
- 5.
Article 14.7 provides, “No one shall be liable to be tried or punished again for an offence for which he has already been finally convicted or acquitted in accordance with the law and penal procedure of each country”.
- 6.
See HRC: A.P. v. Italy, 204/1986, Decision (31 March 1983), UN Doc. CCPR/C/OP/2 (1990), p. 67.
- 7.
Ibidem, para 7.3.
- 8.
Entered into force on 3 September 1953.
- 9.
Emphasis added.
- 10.
See also Pocar 2001, p. 1167 ff.
- 11.
Emphasis added. See also EC Commission, Green Paper on Conflicts of Jurisdiction and the Principle of ne bis in idem in Criminal Proceedings, COM (2005) 696 final (23 December 2005).
Reference
Pocar F (2001) Commentario breve ai trattati della Comunità e dell’Unione europea. CEDAM, Padua
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© 2013 T.M.C. ASSER PRESS, The Hague, The Netherlands, and the authors
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Pocar, F. (2013). Brief Notes on the Principle of Non Bis in Idem within Concurrent International and Domestic Criminal Jurisdiction. In: Boschiero, N., Scovazzi, T., Pitea, C., Ragni, C. (eds) International Courts and the Development of International Law. T.M.C. Asser Press, The Hague, The Netherlands. https://doi.org/10.1007/978-90-6704-894-1_14
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