Rome Statute of the International Criminal Court
(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 207
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, 8 or 8 bis 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.
7
16
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;
As amended by resolution RC/Res.6 of 11 June 2010 (inserting the reference to article 8 bis).