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Does the International Criminal Court Protect Against Double Jeopardy: An Analysis of Article 20 of the Rome Statute

Finlay, L. (2009) Does the International Criminal Court Protect Against Double Jeopardy: An Analysis of Article 20 of the Rome Statute. Journal of International Law & Policy, 15 (2). pp. 221-248.

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Abstract

The rule against double jeopardy has long been considered an important protection for accused persons and an essential element of the right to a fair trial. This article considers whether those appearing before the International Criminal Court are adequately protected by the rule against double jeopardy by examining the scope and application of the double jeopardy protection provided under Article 20 of the Rome Statute. Although Article 20 provides for a basic double jeopardy guarantee; it also contains potentially broad exceptions that may significantly undermine the double jeopardy protection available to accused persons being tried by the International Criminal Court.

Publication Type: Journal Article
Publisher: Tulane University Law School
Copyright: Tulane University Law School
Publishers Website: http://jilp.law.ucdavis.edu/index.html
Notes: UC Davis Journal of International Law and Policy (JILP)
URI: http://researchrepository.murdoch.edu.au/id/eprint/14762
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