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11 - Appeal and revision

Published online by Cambridge University Press:  05 August 2011

Gideon Boas
Affiliation:
Monash University, Victoria
James L. Bischoff
Affiliation:
U.S. Department of State
Natalie L. Reid
Affiliation:
Debevoise & Plimpton LLP, New York
B. Don Taylor III
Affiliation:
ICTY, The Hague, The Netherlands
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Summary

The right to appeal a conviction in international criminal law, ostensibly founded on the jus cogens norm of a right to a fair trial, is embodied in several international instruments, including the statutes of the international criminal tribunals, and today likely forms part of customary international law. The right finds its origins in various sources, including international human rights law and the right to appeal a criminal conviction in national jurisdictions. The statutes of the international criminal tribunals also provide for a process known as ‘review’ at the ad hoc Tribunals and ‘revision’ at the ICC, in which a party may seek to have the decision that terminated the proceedings altered. For convenience, as we have done elsewhere in this book, we use the term ‘revision’ throughout the chapter to refer to this procedure.

Like many areas of international criminal procedure discussed in this volume, the appeal and revision processes at the international criminal tribunals reflect elements of both the common law and civil law traditions. On balance, however, they maintain more of a common law character, evidenced by the operation, at least at certain tribunals, of a system of binding precedent, and the requirement that an appeal be confined to the lower chamber's errors of law and fact and is not a de novo proceeding. As noted elsewhere in this volume, however, the unusual procedural structure of international criminal law – which, in the case of appeal and revision, varies somewhat across the tribunals – must be considered in its own right, and not through the lens of any national legal system or tradition, to be properly understood.

Type
Chapter
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International Criminal Law Practitioner Library
International Criminal Procedure
, pp. 423 - 461
Publisher: Cambridge University Press
Print publication year: 2011

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References

Cassese, Antonio, International Criminal Law (2nd edn 2008), p. 424
Tracol, Xavier, ‘The Precedent of Appeals Chambers Decisions in the International Criminal Tribunals’, (2004) 17 Leiden Journal of International Law67, 68CrossRefGoogle Scholar
Drumbl, Mark A. and Gallant, Kenneth S., ‘Appeals in the Ad hoc International Criminal Tribunals: Structure, Procedure, and Recent Cases’, (2001) 3 The Journal of Appellate Practice and Process589, 632Google Scholar
Boas, Gideon, ‘The Case for a New Appellate Jurisdiction for International Criminal Law’, in Göran Sluiter and Sergey Vasiliev (eds.), International Criminal Procedure: Towards A Coherent Body of Law (2008), pp. 417–455Google Scholar
Cassese, Antonio, ‘The Statute of the International Criminal Court: Some Preliminary Reflections’, (1999) 10 European Journal of International Law144, 163CrossRefGoogle Scholar

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