Lenah
Follow us
Justice Hub
  • My Justice
  • News
  • Insights
  • Justice Explained
  • About Us
No Result
View All Result
Justice Hub
  • My Justice
  • News
  • Insights
  • Justice Explained
  • About Us
No Result
View All Result
Justice Hub
No Result
View All Result

ICC Dictionary – Letter N

August 10, 2015
in Justice Explained
0
0
Home Justice Explained
FacebookTwitterLinkedInWhatsappEmail

By Benjamin Duerr*

The ICC Dictionary is a guide for everyone interested in the proceedings in The Hague. It contains almost 200 of the most important terms and concepts with short explanations in alphabetical order. Justice Hub is presenting a selection of some of the terms highlighted by the Dictionary. 

Ne bis in idem / double jeopardy: Ne bis in idem is the Latin term for “not twice the same.” The doctrine holds that a person cannot be prosecuted or convicted multiple times for the same act. The ICC acts complementarily to national courts and recognises the ne bis in idem principle. Article 20 of the Rome Statute applies in various situations:
– the ICC cannot prosecute a person for the same conduct twice,
– it cannot prosecute a person that has been convicted or acquitted by another court for that particular conduct;
– and other courts shall not try a person that has been acquitted or convicted a person for the same conduct.
However, Article 20(3)(b) of the Rome Statute provides for two exceptions: in cases where the national authorities are unwilling or unable to prosecute a particular crime, ne bis in idem cannot be taken into consideration.
 
Non-international armed conflict: In contrast to international armed conflict, non-international conflicts usually are conflicts that do not involve two or more states armies. Non-international armed conflicts can be for example civil wars within the borders of a country or armed forces of one state fighting rebel groups. The fact that a state’s army fights insurgence abroad does not make a conflict international. Local uprisings do not constitute an non-international armed conflict. Instead, a certain level of violence must be reached to constitute an “armed conflict”. 
 
Non-retroactivity: The ICC’s jurisdiction is nonretroactive. This means that the Court can only investigate and prosecute crimes that have been committed after the Rome Statute enters into force. The earliest date from which the ICC can have jurisdiction is 1 July 2002. If a state joins later, the Court can act after the Rome Statute has entered into force for that state, in accordance with the 60-day rule.
 
Notice of appeal: Parties show with a notice of appeal their intent to appeal a final decision. After the Trial Chamber has delivered the judgment on guilt or innocence, parties can appeal the decision. Within 30 days after the judgment they have to file a notice of appeal in which they briefly give reasons why they appeal the judgment. The other party has the right to respond to the notice. A notice of appeal is followed by a more detailed appeal brief which contains the grounds of appeal in more depth.
 
Nulla poena sine lege: The concept translates as “no punishment without law.” It is a basic principle of criminal law. Article 23 of the Rome Statute holds that a person that has been convicted by the ICC “may be only punished in accordance with this Statute.”
 
Nullum crimen sine lege: The Latin concept of “no crime without law” is a basic principle of criminal law. The concept holds that nobody should be punished without a pre-existing law. In other words, if there is no law that prohibits a certain act at the time when this act is committed, the person should not be punished. The Rome Statute recognizes Nullum crimen sine lege in Article 22.
 
Nuremberg Trials: The Nuremberg Trials were a series of trials after World War II in which numerous political and military leaders of Nazi Germany were tried. The first trial involved the major political leaders and was held in the German city of Nuremberg from 20 November 1945 till 1 October 1946. The so-called “Trial of the Main War Criminals” was held by the International Military Tribunal (IMT). In 12 follow-up trials between 1946 and 1949, other leading Nazi figures were prosecuted, among them medical doctors and legal professionals. The Nuremberg Trials became the foundation for the Yugoslawia and Rwanda tribunals and the ICC. In Nuremberg, the concept of individual criminal responsibility under international law was applied for the first time – never before had international law been applied to individuals.
 
Have a look at the other letters: A, B, C, D, E, F, G, H, I, J, L, M, O, P, R, S, T, V, W and the Numbers 1-10.
 
The ICC Dictionary by Justice Hub and ICCobserver guides you through the complex world of terms and concepts at the ICC.

*Benjamin Duerr is a correspondent and foreign reporter covering the International Criminal Court and the war crimes tribunals in The Hague. 

Tags: ICC (International Criminal Court)ICC Dictionary
ShareTweetShareSendSend

Justice Hub

Justice Hub is an online platform connecting conversations about international justice.

Related Posts

A legal path to justice emerges for Myanmar
Featured

A legal path to justice emerges for Myanmar

by Sean Bain
October 7, 2018
0
57

On September 27 a partial but significant foundation was laid to provide accountability for gross human rights violations in Myanmar,...

Read more
Lawfare: Iran-US nuclear deal row to play out in Hague Courtroom (Part I)

Lawfare: Iran-US nuclear deal row to play out in Hague Courtroom (Part I)

September 26, 2018
56
A trial for history: Thomas Kwoyelo in Uganda

A trial for history: Thomas Kwoyelo in Uganda

September 25, 2018
69
Celebrating women in peacekeeping

Celebrating women in peacekeeping

September 24, 2018
58
Iran wants Hague court to dull the impact of US sanctions (Part 2)

Iran wants Hague court to dull the impact of US sanctions (Part 2)

September 22, 2018
54

Justice Hub

Justice Hub is an online platform connecting conversations about international justice.

Justice Hub

Justice Hub is an online platform aimed at a worldwide audience of 18-35 year olds, especially in countries where people are looking for sustainable and innovative solutions to problems of justice, peace and security. Justice can feel too abstract, too often owned by experts. We make the conversations lively and accessible.

Follow Us

Quick Links

  • Featured
  • My Justice
  • News
  • Insights
  • Justice Explained
  • About Us
  • Contact Us
  • Privacy Policy

 

  HPPJ Forum Login
Creative Commons Licence
This work is licensed under a Creative Commons Attribution-NoDerivatives 4.0 International License.
No Result
View All Result
  • My Justice
  • News
  • Insights
  • Justice Explained
  • About Us

© 2018 Justice Hub

Login to your account below

Forgotten Password?

Fill the forms bellow to register

*By registering into our website, you agree to the Terms & Conditions and Privacy Policy.
All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In

Login

Lost password?
This website uses cookies. By continuing to use this website you are giving consent to cookies being used. Visit our Privacy and Cookie Policy.

REPUBLISHING TERMS

You may republish this article online or in print under our Creative Commons license. You may not edit or shorten the text, you must attribute the article to Aeon and you must include the author’s name in your republication.

If you have any questions, please email nsharafa@gmail.com

License

Creative Commons License AttributionCreative Commons Attribution
ICC Dictionary – Letter N