Preventing Double Jeopardy In National Courts After The International Tribunals Close

Abstract

As the first international criminal tribunals since the end of the Second World War, the International Tribunals have played a significant role in developing and enhancing international criminal law. One important issue that will have to be addressed after the International Tribunals close is the prevention of double jeopardy in national courts. This chapter provides an overview of the double jeopardy issues that could arise after the International Tribunals close, and suggests that a mechanism be established for reviewing claims to prevent double jeopardy violations and for enforcing fair trial standards. It introduces the principles of double jeopardy and non bis in idem . The chapter discusses the application of non bis in idem before the International Tribunals. It contains the author's suggestions on a possible residual mechanism. Keywords: double jeopardy in national courts; international tribunals; non bis in idem