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Part 8 Appeal and Revision: Appel et Révision, Art.82 Appeal against other decisions/Appel d’autres décisions

William A. Schabas

From: The International Criminal Court: A Commentary on the Rome Statute (2nd Edition)

William A Schabas

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 17 June 2024

Appeals — Elements of crimes — International criminal law, victims — Evidence

This chapter comments on Article 82 of the Rome Statute of the International Criminal Court. Article 82 deals with appeal against ‘other decisions’, which is often referred to as ‘interlocutory appeal’. It sets out the applicable rules and principles governing the appeal of decisions that do not involve acquittal, conviction, and sentence — a matter governed by article 81 of the Statute. Article 82 distinguishes two categories of appeal, one that exists of right and does not require leave of the Court, and the other requiring leave of the Court. There are three types of decision that are subject to appeal by any party, without any preliminary authorization from the Court: those concerning jurisdiction or admissibility; those granting or denying release of the person being investigated or prosecuted; and a decision of the Pre-Trial Chamber to act on its own initiative in order to preserve evidence during an investigation.

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