Rome Statute of the International Criminal Court
Article 207
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, 8 or 8 bis 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 21
Applicable law
1.
The Court shall apply:
(a)
In the first place, this Statute, Elements of Crimes and its Rules of Procedure and Evidence;
(b)
In the second place, where appropriate, applicable treaties and the principles and rules of international
law, including the established principles of the international law of armed conflict;
(c)
Failing that, general principles of law derived by the Court from national laws of legal systems of the
world including, as appropriate, the national laws of States that would normally exercise jurisdiction
over the crime, provided that those principles are not inconsistent with this Statute and with
international law and internationally recognized norms and standards.
2.
The Court may apply principles and rules of law as interpreted in its previous decisions.
3.
The application and interpretation of law pursuant to this article must be consistent with internationally
recognized human rights, and be without any adverse distinction founded on grounds such as gender as
defined in article 7, paragraph 3, age, race, colour, language, religion or belief, political or other opinion,
national, ethnic or social origin, wealth, birth or other status.
7
As amended by resolution RC/Res.6 of 11 June 2010 (inserting the reference to article 8 bis).
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