Abstract

AbstractThe ICC’s Appeals Chamber (AC) has the authority to review, on appeal, judgments, decisions, orders and the exercise of power by the Pre-Trial and Trial Chambers. The Rome Statute and the Rules of Procedure and Evidence expressly provide that the AC may confirm, reverse or amend matters on appeal, and has the power of remand in Article 81 and Article 83 appeals against decisions of acquittal, conviction or sentence. There is no express power to remand an issue in Article 82 (interlocutory) appeals. This article discusses whether the AC has the power, generally, to remand a matter to Chambers below, thereby not coming to a determination itself. The article concludes by suggesting that the AC has the power of remand, and that it springs from two sources: (1) for appeals generally, the Court’s inherent powers and (2) for Article 81 and Article 83 appeals, the Court’s Statutory powers in Article 83(2). Therefore, the AC, under its inherent jurisdiction, may exercise the power of remand for Article 82 (interlocutory) appeals.

Talk to us

Join us for a 30 min session where you can share your feedback and ask us any queries you have

Schedule a call

Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.