Spans in 'Austria: Cooperation with the ICC' tagged with 'Ne bis in idem

'Ne bis in idem - State's own court' in document 'Austria: Cooperation with the ICC'

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More information about the keyword 'Ne bis in idem - State's own court'
More information about the document 'Austria: Cooperation with the ICC'
The relevant provisions of implementing legislation: [1]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part 1
General Provisions

4. Austrian jurisdiction
2. There is no Austrian jurisdiction however in respect of crimes for which a person has been sentenced or found not guilty by the International Criminal Court in an enforceable judgement.

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.