- Appeals — Elements of crimes — Evidence
This chapter comments on Article 105 of the Rome Statute of the International Criminal Court. Article 105 declares that the Court alone shall have the right to decide any application for appeal and revision. Thus, the State where the sentence is served cannot modify the sentence imposed by the Court. Article 105(1) says that the sentence is binding on States Parties. This might lead to constitutional difficulties in some States, if for example a prisoner landed there while in transit, or escaped to such a State. Then there might be an incompatibility between a State's obligation to respect the sentence and its own internal law, mandating the individual's release.
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