Part II – International Crimes and Offences Against The Administration of Justice

General Principles of Criminal Law

19. General principles of criminal law.
(1) For the purposes of proceedings for an offence against section 7 or section 8 or section 9 –

(a) the following provisions of the Statute apply, with any necessary modifications –

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

Part IV – Arrest and Surrender of Person to ICC

Bail

33. Surrender hearing.

(6) In deciding whether to make a delivery order under this section –


(b) the Registrar shall not receive evidence nor adjudicate on any claim by the person that he or she has been previously tried or convicted for the conduct for which the ICC seeks surrender of the person.

(7) If the person makes a claim, under subsection (6) (b), the Registrar shall advise the Minister of this claim and the Minister shall transmit that information to the ICC.

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.