1st Edition
The Principle of ne bis in idem in International Criminal Law Balancing the Interests of Individuals, States, and the International Community
The legal principle of ne bis in idem proclaims that no person shall be tried twice for the same matter. This principle is important in theory and practice, as it safeguards a fundamental individual interest and spares the accused the burden of a repeat trial. This book provides a comprehensive examination of the ne bis in idem principle in international criminal law. Readers will find a detailed account of ne bis in idem rules in the law and practice of the International Criminal Court and other international criminal courts. The book also examines international law ne bis in idem rules that govern the domestic prosecution of international crimes. The book will be a valuable resource for researchers, academics and policy-makers working in the areas of International Criminal Law and International Human Rights law. It will be of particular use to those interested in defense rights, admissibility of cases before international criminal courts, and issues arising from prosecution of international crimes in multiple criminal jurisdictions.
1. Introduction; 2. Definition, rationale, and basic concepts; 3. Ne bis in idem in international law; 4. Ne bis in idem in international human rights law; 5. Ne bis in idem in Article 20(1) of the Rome Statute; 6. Ne bis in idem in Article 20(2) of the Rome Statute; 7. Ne bis in idem in Article 20(3) of the Rome Statute; 8. Concluding reflections
Biography
Gaiane Nuridzhanian is an international lawyer from Ukraine. She works as an associate professor at the Faculty of Law at the UiT-The Arctic University of Norway. She holds an LLM degree from University of Cambridge and a PhD in law from University College London. Dr Nuridzhanian specialises in public international law, human rights law, and international criminal law. She has previously worked as a lawyer at the European Court of Human Rights and the International Advisory Panel on Ukraine (Council of Europe), and as a Visiting Legal Professional at the International Criminal Court.
