Rome Statute
Part 2: Jurisdiction, Admissibility and Applicable Law

Article Art. 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, 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.

Note:

As amended by resolution RC/Res.6 of 11 June 2010 (inserting the reference to article 8 bis). See depositary notification C.N.651.2010.TREATIES-8 of 29 November 2010. The UN Treaty Section website detailing the status of the amendment is available at: https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=XVIII-10-b&chapter=18&clang=_en.

Source: Article 20 — Ne bis in idem, https://www.­icc-cpi.­int/Publications/Rome-Statute.­pdf (accessed May 26, 2025).

Last Updated

May 10, 2025

Art. 20’s source at icc-cpi​.int