Spans in 'Kenya - International Crimes Act' tagged with 'Ne bis in idem

'Ne bis in idem - other international court or tribunal' in document 'Kenya - International Crimes Act'

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More information about the keyword 'Ne bis in idem - other international court or tribunal'
More information about the document 'Kenya - International Crimes Act'
The relevant provisions of implementing legislation: [1] [2]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART I—PRELIMINARY

International Crimes

7. (1) For the purposes of proceedings for an offence under section 6, the following provisions of the Rome Statute shall apply, with any necessary modifications—

(a) article 20 (which relates to crimes for which a person has previously been acquitted or convicted);

PART IV—ARREST AND SURRENDER OF PERSONS TO ICC

Restrictions on Surrender

53. (1) Where the person whose surrender is sought alleges that—
(a) the case is one to which paragraph 1 of article 20 of the Rome Statute applies (because it relates to conduct that formed the basis of crimes for which the person has been convicted or acquitted by the
ICC); or
(b) the person has been tried by another court for conduct also proscribed under article 6, 7, or 8 of the Rome Statute and the case is not one to which paragraph 3 (a) and (b) of article 20 of the Rome Statute applies, the Minister shall immediately consult with the ICC to determine if there has been a relevant ruling on admissibility under the Rome Statute.

RELEVANT ROME STATUTE PROVISIONS

Article 20
Ne bis in idem
1. Except as provided in this Statute, no person shall be tried before the Court with respect to conduct which formed the basis of crimes for which the person has been convicted or acquitted by the Court.
2. No person shall be tried by another court for a crime referred to in article 5 for which that person has already been convicted or acquitted by the Court.
3. No person who has been tried by another court for conduct also proscribed under article 6, 7 or 8 shall be tried by the Court with respect to the same conduct unless the proceedings in the other court:
(a) Were for the purpose of shielding the person concerned from criminal responsibility for crimes within the jurisdiction of the Court; or
(b) Otherwise were not conducted independently or impartially in accordance with the norms of due process recognized by international law and were conducted in a manner which, in the circumstances, was inconsistent with an intent to bring the person concerned to justice.