Al Hassan (Ag Abdoul Aziz Ag Mohamed Ag Mahmoud) (on the application of Victims) v Prosecutor, Public redacted version of judgment on the appeal of Mr Al Hassan against the decision of Trial Chamber X entitled 'Decision on application for notice of possibility of variation of legal characterisation pursuant to Regulation 55(2) of the Regulations of the Court', Case No ICC-01/12-01/18-1562-Red, ICL 2098 (ICC 2021), 1st July 2021, International Criminal Court [ICC]; Appeals Chamber [ICC]

Whether the confirmed facts and circumstances of one count, as described in the decision on confirmation of charges under Article 61(7) of the Rome Statute of the International Criminal Court (‘Rome Statute’), were cross-cutting or exchangeable vis-à-vis the other confirmed counts, to the point that notice of a potential legal reclassification under Regulation 55 of the Regulations of the Court (‘Regulations’) was not necessary to include in one confirmed count the facts and circumstances of another count.

Whether the scope of the trial and of legal re-classification of facts under Regulation 55 of the Regulations should be strictly limited to the individual criminal acts expressly mentioned in the decision on confirmation of charges under Article 61(7) of the Rome Statute.