A Second Bite at the Cherry

Abstract The principle of ne bis in idem, or the rule against double jeopardy, guarantees that a person is not tried twice in respect of the same matter. In exceptional circumstances ne bis in idem permits revisiting a final conviction or acquittal to correct a flawed verdict. The Rome Statute of the International Criminal Court (ICC, the Court) permits revision of a final conviction delivered by the ICC while a final acquittal of the Court is accorded absolute finality. This article proposes amending the ICC Statute to introduce revision of so-called tainted acquittals, meaning acquittals that have been obtained through offences against administration of justice. Revision of tainted acquittals would allow the ICC to hold responsible perpetrators of crimes within its jurisdiction who might have otherwise benefited from unlawful interference with the proceedings before the Court. It may also discourage interference with the ICC’s administration of justice and strengthen the ne bis in idem guarantee in Article 20(1) of the ICC Statute.