Ne bis in idem, nulla poena sine lege and Domestic Prosecutions of International Crimes in the Aftermath of a Trial at the International Criminal Court
Abstract The outcome of an icc trial – be it a conviction or acquittal – receives significant attention. However, what happens to a defendant in the aftermath of the proceeding garners little discussion. This article seeks to fill this gap in the literature by analysing how the ne bis in idem and nulla poena sine lege principles, enshrined in Articles 20(2) and 23 of the Rome Statute, protect defendants from subsequent prosecutions and punishments by states and regional courts following their trials at the icc. We argue that these provisions do not provide adequate protection. Further, we argue that given the icc’s limited power to enforce compliance with these provisions as well as the primary role that states enjoy in the enforcement of international criminal law, the most appropriate way to address this issue is through the inclusion of robust protections in domestic legislation and the constituent instruments of regional courts.