Section 21p. 21

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

trial, or subsequently with the leave of the Court, may be

based only on article 17, paragraph 1 (c).

5. A State referred to in paragraph 2 (b) and (c) shall make

a challenge at the earliest opportunity.

6. Prior to the confirmation of the charges, challenges to

the admissibility of a case or challenges to the jurisdiction

of the Court shall be referred to the Pre-Trial Chamber.

After confirmation of the charges, they shall be referred

to

the

Trial

Chamber.

Decisions

with

respect

to

jurisdiction or admissibility may be appealed to the

Appeals Chamber in accordance with article 82.

7. If a challenge is made by a State referred to in

paragraph 2 (b) or (c), the Prosecutor shall suspend the

investigation until such time as the Court makes a

determination in accordance with article 17.

8. Pending a ruling by the Court, the Prosecutor may seek

authority from the Court:

(a) To pursue necessary investigative steps of the kind

referred to in article 18, paragraph 6;

(b) To take a statement or testimony from a witness or

complete the collection and examination of evidence

which had begun prior to the making of the challenge;

and

(c) In cooperation with the relevant States, to prevent the

absconding of persons in respect of whom the Prosecutor

has already requested a warrant of arrest under article 58.

9. The making of a challenge shall not affect the validity of

any act performed by the Prosecutor or any order or

warrant issued by the Court prior to the making of the

challenge.

10. If the Court has decided that a case is inadmissible

under article 17, the Prosecutor may submit a request for

a review of the decision when he or she is fully satisfied

that new facts have arisen which negate the basis on

which the case had previously been found inadmissible

under article 17.

11. If the Prosecutor, having regard to the matters referred

to in article 17, defers an investigation, the Prosecutor may

request that the relevant State make available to the

Prosecutor

information

on

the

proceedings.

That

information shall, at the request of the State concerned,

be confidential. If the Prosecutor thereafter decides to

proceed with an investigation, he or she shall notify the

State to which deferral of the proceedings has taken

place.

ARTICLE 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 or 8 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.

ARTICLE 21

Applicable law

1. The Court shall apply:

(a) In the first place, this Statute, Elements of Crimes and

its Rules of Procedure and Evidence;

(b) In the second place, where appropriate, applicable

treaties and the principles and rules of international law,

including the established principles of the international

law of armed conflict;

(c) Failing that, general principles of law derived by the

Court from national laws of legal systems of the world

including, as appropriate, the national laws of States that

would

normally

exercise

jurisdiction

over the crime,

provided that those principles are not inconsistent with

this Statute and with international law and internationally

recognized norms and standards.

2. The Court may apply principles and rules of law as

interpreted in its previous decisions.

3. The application and interpretation of law pursuant to

this

article

must

be

consistent

with

internationally

recognized human rights, and be without any adverse

distinction

founded

on

grounds

such as gender as

defined

in

article

7, paragraph 3, age, race, colour,

language, religion or belief, political or other opinion,

national, ethnic or social origin, wealth, birth or other

status.

PART 3. GENERAL PRINCIPLES OF CRIMINAL

LAW

ARTICLE 22

Nullum crimen sine lege

1. A person shall not be criminally responsible under this

Statute unless the conduct in question constitutes, at the

time it takes place, a crime within the jurisdiction of the

Court.

2. The definition of a crime shall be strictly construed and

shall not be extended by analogy. In case of ambiguity,

the definition shall be interpreted in favour of the person

being investigated, prosecuted or convicted.

3. This article shall not affect the characterization of any

conduct

as

criminal

under

international

law

independently of this Statute.

ARTICLE 23

Nulla poena sine lege

A person convicted by the Court may be punished only in

accordance with this Statute.

ARTICLE 24

Non-retroactivity ratione personae

1. No person shall be criminally responsible under this

Statute for conduct prior to the entry into force of the

Statute.

2. In the event of a change in the law applicable to a given

case prior to a final judgement, the law more favourable

to the person being investigated, prosecuted or convicted

shall apply.

ARTICLE 25

Individual criminal responsibility

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