The Study On The Ne Bis In Idem In International Criminal Trail

The principle of ne bis in idem has an ancient historical origin.Its degree of realization in judicial activities reflects the degree of fairness and justice in judicial activities.Its basic implication is to prohibit repeated trials of the same criminal suspect.Civil law countries often express this principle as " ne bis in idem ",and the Anglo-American law system uses the Rule against Double Jeopardy.However,the two terms can be considered to have the same connotation.There is a lot of discussion on the principle of ne bis in idem in domestic criminal proceedings.This article discusses related issues in international criminal trials,adopts the relevant provisions of the principle of ne bis in idem in existing international legal documents and its practice in international criminal trials.Through analysis and discussion,this article specifically has the following five parts:The first chapter is the outline of the principle of ne bis in idem.Firstly,it introduces the principle in domestic law and the different meaning in countries,and compares the similarities and differences with other related concepts.Secondly,it analyzes the contents of the principle of ne bis in idem in the domestic law and in international criminal law,and expounds the process of establishing this principle from domestic law into the international criminal law.The second chapter is that we need to clear the basis for the principle of ne bis in idem in the international criminal trial,including legal basis and practical basis.The third chapter is mainly about the meaning of the principle of ne bis in idem in international criminal trials.The reason why this principle was proposed in the international criminal trial is that it has enhanced the international protection of human rights,maintain national interest,and increased litigation efficiency.The fourth chapter mainly discusses the manifestation of the principle of ne bis in idem in the origin of international criminal law.Listed separately are the reflections of this principle in the international conventions,international custom,the general legal principles of law,and subsidiary means for determination of rules of law.The fifth chapter analyzes the implementation of the principle of ne bis in idem in international criminal trial practice.This chapter selects the ICTY,the ICTR,the ICC and the mixed international criminal justice institutions,in which the application of the principle of ne bis in idem applies between the international tribunal and the domestic courts,which is essentially a matter of priority for the international tribunals and domestic tribunals,This is defined primarily through the statutes of the relevant international tribunals.And the application of this principle among the courts in every country is the question of the recognition of foreign criminal judgments.It mainly depends on national laws to solve them.In addition,the study of the exceptions to this principle can increase the intensity of cracking down on crimes and prevent it from becoming a means by which defendants escape evasion.