An Introduction To The International Criminal Court - Institute for ...

ome statute of the international criminal court 253
Article 83
Proceedings on appeal
1. For the purposes of proceedings under article 81 and this article, the
Appeals Chamber shall have all the powers of the Trial Chamber.
2. If the Appeals Chamber finds that the proceedings appealed from were
unfair in a way that affected the reliability of the decision or sentence, or that
the decision or sentence appealed from was materially affected by error of fact
orlaworproceduralerror,itmay:
(a) Reverse or amend the decision or sentence; or
(b) Order a new trial before a different Trial Chamber.
For these purposes, the Appeals Chamber may remand a factual issue to
the original Trial Chamber for it to determine the issue and to report back
accordingly, or may itself call evidence to determine the issue. When the decision
or sentence has been appealed only by the person convicted, or the Prosecutor
on that person’s behalf, it cannot be amended to his or her detriment.
3. If in an appeal against sentence the Appeals Chamber finds that the sentence
is disproportionate to the crime, it may vary the sentence in accordance with
Part 7.
4. The judgment of the Appeals Chamber shall be taken by a majority of the
judges and shall be delivered in open court. The judgment shall state the reasons
on which it is based. When there is no unanimity, the judgment of the Appeals
Chamber shall contain the views of the majority and the minority, but a judge
may deliver a separate or dissenting opinion on a question of law.
5. The Appeals Chamber may deliver its judgment in the absence of the person
acquitted or convicted.
Article 84
Revision of conviction or sentence
1. The convicted person or, after death, spouses, children, parents or one
person alive at the time of the accused’s death who has been given express
written instructions from the accused to bring such a claim, or the Prosecutor
on the person’s behalf, may apply to the Appeals Chamber to revise the final
judgment of conviction or sentence on the grounds that:
(a) New evidence has been discovered that:
(i) Was not available at the time of trial, and such unavailability was not
wholly or partially attributable to the party making application; and