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Reporter(s)

Talita de Souza Dias

The Prosecutor (on the application of Victims) v Gbagbo (Laurent) and Blé Goudé (Charles), Judgment on the appeal of Mr Laurent Gbagbo against the decision of Trial Chamber I entitled ‘Decision giving notice pursuant to Regulation 55(2) of the Regulations of the Court’, Case no ICC-02/11-01/15-369 (OA 7), ICL 1698 (ICC 2015), 18th December 2015, International Criminal Court [ICC]; Appeals Chamber [ICC]

Whether an Appeals Chamber was competent to certify appealable issues and to determine whether appellate resolution would materially advance the proceedings.

Whether and to what extent a Appeals Chamber could review a decision giving notice pursuant to Regulation 55(2) of the Regulations of the Court (‘Regulations’).

Whether, in the re-characterization of facts and circumstances, it was permissible for a Trial Chamber to include a mode of liability that was considered, but not confirmed by, a Pre-Trial Chamber.

Whether the word ‘trial’ in Regulation 55(2) of the Regulations comprised the stage after a Trial Chamber was seized of a case and before opening statements.

Whether the ‘special circumstances’ of a case justified the issuance of notice of possible re-characterization of the facts.

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