Gless, Sabine --- "Ne bis in idem in an international and transnational criminal justice perspective – paving the way for an individual right?" [2017] ELECD 1503; in Van der Wilt, Harmen; Paulussen, Christophe (eds), "Legal Responses to Transnational and International Crimes" (Edward Elgar Publishing, 2017) 220

Book Title: Legal Responses to Transnational and International Crimes

Editor(s): Van der Wilt, Harmen; Paulussen, Christophe

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781786433985

Section: Chapter 12

Section Title: Ne bis in idem in an international and transnational criminal justice perspective – paving the way for an individual right?

Author(s): Gless, Sabine

Number of pages: 23

Abstract/Description:

In national criminal justice systems, defence rights have been developed and consolidated over the centuries in order to balance the state’s ius puniendi with the individual’s interests that are adversely affected by criminal prosecution. Among these principles is the right not to be tried twice for the same conduct – the so-called ne bis in idem principle. In international criminal law stricto sensu (ICL) most of these rights have been accepted within decades, including the right not to be tried twice for the same conduct. Yet, ne bis in idem is rarely accepted in transnational settings, when states join forces to fight crime closely cooperating with each other. The chapter argues the case for the defendant who has a legitimate interest to be granted the right not to be tried twice, regardless of whether he or she is tried in a purely national jurisdiction, by an international tribunal or by way of ‘transnational proceedings’.