Appeal relating to a decision with respect to jurisdiction or admissibility - national proceedings

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Rome Statute

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.

Article 82
Appeal against other decisions
1. Either party may appeal any of the following decisions in accordance with
the Rules of Procedure and Evidence:

(b) A decision granting or denying release of the person being investigated or
prosecuted;

States with implementing provisions

StateProvisions
New Zealand [1]
Romania [1]