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Situation in the Democratic Republic of the Congo, Prosecutor v Ngudjolo Chui (Mathieu), Judgment on the prosecutor’s appeal against the decision of Trial Chamber II entitled ‘Judgment pursuant to article 74 of the Statute’, Case no ICC-01/04-02/12-271-Corr, ICL 1667 (ICC 2015), 7th April 2015, International Criminal Court [ICC]; Appeals Chamber [ICC]

Situation in the Democratic Republic of the Congo, Prosecutor v Ngudjolo Chui (Mathieu), Judgment on the prosecutor’s appeal against the decision of Trial Chamber II entitled ‘Judgment pursuant to article 74 of the Statute’, Case no ICC-01/04-02/12-271-Corr, ICL 1667 (ICC 2015), 7th April 2015, International Criminal Court [ICC]; Appeals Chamber [ICC]

Whether, in the course of making its decision pursuant to the Article 74 of the Rome Statute of the International Criminal Court (‘Rome Statute’), the Trial Chamber had erred in fact or in law in that it had misapplied the standard of proof; failed to consider the totality of the evidence; or committed procedural errors which had violated the prosecutor’s right to a fair trial.

Whether procedural errors that occurred prior to an impugned decision, including a decision pursuant to Article 74 of the Rome Statute, could be raised on the appeal of that decision.

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