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Part 8 Appeal and Revision: Appel et Révision, Art.81 Appeal against decision of acquittal or conviction or against sentence/Appel d’une décision sur la culpabilité ou la peine

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, 2021. All Rights Reserved.date: 25 January 2021

Subject(s):
Elements of crimes — Pre-Trial Chamber — International criminal law, victims — International criminal law, conduct of proceedings — Evidence

This chapter comments on Article 81 of the Rome Statute of the International Criminal Court. Article 81 deals with what might be called an appeal ‘on the merits’, in that it is addressed to a final decision of a Trial Chamber of either conviction or acquittal or, in the event of conviction, any subsequent decision governing sentence. Both the Prosecutor and the convicted person are authorized to appeal on grounds of procedural error, error of fact, or error of law. The accused person — or the Prosecutor, acting on the accused person's behalf — may invoke an additional ground: ‘Any other ground that affects the fairness or reliability of the proceedings or decision’.

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