Situation in the Republic of Kenya, Prosecutor (on the application of Victims) v Gicheru (Paul) and Bett (Philip Kipkoech), Decision on the applicability of Provisional Rule 165 of the Rules of Procedure and Evidence, Case No ICC-01/09-01/15, ICL 2041 (ICC 2020), 10th December 2020, International Criminal Court [ICC]

Whether a Chamber was correct in finding Provisional Rule 165 of the Rules of Procedure and Evidence applicable to the proceedings with respect to the offences defined in Article 70 of the Rome Statute of the International Criminal Court (‘Rome Statute’).

Whether Provisional Rule 165 of the Rules of Procedure and Evidence was to be applied retroactively and whether it was incompatible with the Rome Statute.