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Part V Fairness and Expeditiousness of ICC Proceedings, 38 The Role of the Appeals Chamber

Volker Nerlich

From: The Law and Practice of the International Criminal Court

Edited By: Carsten Stahn

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 29 January 2023

Prosecution — Sentencing — Right to fair trial

This chapter analyses the role and function of the Appeals Chamber of the ICC. The right to appeal under the Statute goes beyond what is mandated by human rights law. This contribution analyses the specificities of appeals in the ICC system, including the relationship of the Appeals Chamber to other Chambers, its jurisdiction over different types of appeal under Articles 81 and 82 (e.g. interlocutory appeal, and appeal against final decisions of the Trial Chamber), review and revision of sentences, and the relevant standards of review. The chapter contrasts approaches of the ICC with the practice of the Appeals Chambers of the ICTY and ICTR, which have used their first cases to clarify and develop the law. It shows that the ICC has taken an approach of judicial restraint. It argues that development of the law in small steps may be the most effective approach to building a lasting and meaningful role of the Appeals Chamber in the ICC system.

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