Ne Bis in Idem Principal in International Criminal Law

One of the important principle in domestic criminal law is ne bis in idem or against double jeopardy. Under this rule, no one should be tried and punished twice for the same offence. This principle is cited in International and Regional Human Rights instruments. This principle is also considered in International Criminal Courts whether ad hoc or military. The developments of international criminal law show that universal feelings do not consent with repeating punishments for the same criminal conduct. The jurisdiction of I.C.C is complementary to national criminal courts. If the national courts try in regarding of the principles of due process recognized by international law, the I.C.C is not authorized to prosecute the case. So, there is no reason to retry and repunish by it. If domestic courts do not regard these principles, I.C.C has jurisdiction. Therefore, the ne bis in idem is not violated, because if the norms of international criminal procedure is not applied, it is not a fair trial. The most important short coming of statute of I.C.C in comparison to ad hoc is that it does not consider the applied punishment, necessarily. So, this principle is violated by I.C.C.