Breakfast Briefing with Gaiane Nuridzhanian

International Law Breakfast Briefings

The Principle of Ne Bis In Idem in International Criminal Law

Abstract

The legal principle of ne bis in idem, also known as double jeopardy, proclaims that no person shall be tried twice for the same matter. This principle is important in theory and practice, as it safeguards a fundamental individual interest and spares the accused the burden of a repeat trial. In international criminal law, the principle is embodied in a variety of ne bis in idem rules. The precise content of these rules is shaped by their context and the competing interests that the rules may need to accommodate.

The briefing provides an overview of the principle of ne bis in idem in international criminal law, delves into the ne bis in idem rules in the law and practice of the International Criminal Court, and discusses a topical issue of double jeopardy between the ICC and the proposed Special Tribunal for the Crime of Aggression Committed on the Territory of Ukraine.

About the Speaker

Gaiane Nuridzhanian is a legal scholar from Ukraine. She works as an associate professor at the Faculty of Law at the University of in Tromsø – The Arctic University of Norway. She holds an LLM degree from the University of Cambridge and a PhD in law from University College London. She specialises in public international law, human rights law, and international criminal law. She previously worked as a lawyer at the European Court of Human Rights and the International Advisory Panel on Ukraine (Council of Europe), and as a Visiting Legal Professional at the International Criminal Court. Her monograph The principle of ne bis in idem in international criminal law is forthcoming with Routledge in June 2024.

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See a list of all the Breakfast Briefings for Spring 2024.