Ne Bis in Idem

Ne bis in idem, which translates literally from Latin as "not twice in the same", means that no legal action can be instituted twice for the same cause of action. It is a legal concept originating in Roman Civil Law, but it is essentially the double jeopardy (autrefois acquit) clause found in common law jurisdictions.

The International Covenant on Civil and Political Rights guarantees the right to be free from double jeopardy; however, it does not apply to prosecutions by two different sovereigns (unless the relevant extradition treaty expresses a prohibition). The Rome Statute of the International Criminal Court creates a different form of ne bis in idem.