The institute of appealing decisions of acquittal or conviction and other decisions in the International Criminal Court

https://www.doi.org/10.32523/2791-0954-2025-13-2-61-70

Abstract

The Appeals Chamber of the International Criminal Court has the authority to consider cases concerning the appeal against the decision of acquittal or conviction or against sentence, the appeal against other decisions, as well as the revision of the conviction or sentence. This article considers only one of the competencies of the Appeals Chamber - the institute of appeal. Within the framework of this institution, the content of the grounds and standards necessary to satisfy an appeal petition is disclosed, in accordance with the Rome Statute and the practice of the Court. The grounds set out in article 81 of the Statute relating to the decision of acquittal or conviction and sentence include: procedural error, error in law, error in fact, as well as any other ground that affects the fairness or reliability of the proceedings or decision. The standards include a "material" affect on the final decision, the meaning of which is also subject to interpretation, as well as the fact that the contested trial was unfair in a way that calls into question the credibility of the decision or sentence. The nature of the procedure for appealing other decisions, as set out in article 82 of the Statute, is being studied. An emphasis is also placed on the interpretation of the provisions of the Statute, that is, how the various grounds and standards set out in different articles correlate in the context of article 83 of the Statute and among themselves.