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The Prosecutor (on the application of Victims) v Gbagbo (Simone), Judgment on the appeal of Côte d’Ivoire against the decision of Pre-Trial Chamber I of 11 December 2014 entitled ‘Decision on Côte d’Ivoire’s challenge to the admissibility of the case against Simone Gbagbo’, Case no ICC-02/11-01/12-75-Red (OA), ICL 1694 (ICC 2015), 27th May 2015, International Criminal Court [ICC]; Appeals Chamber [ICC]

Reporter(s)

Talita de Souza Dias

The Prosecutor (on the application of Victims) v Gbagbo (Simone), Judgment on the appeal of Côte d’Ivoire against the decision of Pre-Trial Chamber I of 11 December 2014 entitled ‘Decision on Côte d’Ivoire’s challenge to the admissibility of the case against Simone Gbagbo’, Case no ICC-02/11-01/12-75-Red (OA), ICL 1694 (ICC 2015), 27th May 2015, International Criminal Court [ICC]; Appeals Chamber [ICC]

Whether the standard of review for factual errors was the same as for errors of law in an appeal against the admissibility of a case.

Whether alleged errors of law which actually challenged the factual findings were to be treated as errors of fact.

Whether, in analysing the admissibility of a case under Article 17(1)(a) and 17(1)(b) of the Rome Statute of the International Criminal Court (‘Rome Statute’), the presumption afforded to states regarding their willingness and ability to carry out a genuine investigations or prosecution only applied where it had been shown that there were investigations and/or prosecutions at the national level.

Whether the frequency and number of domestic investigative steps could be a relevant factor in assessing whether a state was ‘taking steps’ to ascertain the responsibility of the accused pursuant to Article 17(1)(a) of the Rome Statute.

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