International Criminal Court Appeal Process

This assignment explores the appeal process for the International Criminal Court (ICC).

The ICC is the first and only global international tribunal that has the jurisdiction to hear cases of genocide, crimes against humanity and war crimes. Its establishment in 1998 was a major step forward in the fight against impunity for the perpetrators of these heinous crimes.

The ICC is a court of last resort, meaning that it can only exercise its jurisdiction when national courts are unwilling or unable to do so. This principle is known as complementarity.

The ICC can only investigate and prosecute individuals, not states.

Individuals who are accused of committing crimes within the jurisdiction of the ICC are referred to as suspects. Once a suspect has been indicted by the ICC, they are referred to as an accused.

The ICC has two types of jurisdiction: territorial and personal. Territorial jurisdiction means that the Court can exercise its power over crimes that are committed on the territory of a state that is party to the Rome Statute, the treaty that established the ICC. Personal jurisdiction means that the Court can exercise its power over individuals who are nationals of a state that is party to the Rome Statute, regardless of where the alleged crime was committed.

At present, there are 123 states party to the Rome Statute.

The Office of the Prosecutor (OTP) is responsible for investigating and prosecuting cases before the ICC. The OTP is headed by the Prosecutor, who is appointed by a vote of two-thirds of the Assembly of States Parties (ASP). The current Prosecutor is Fatou Bensouda.

The OTP relies on information from a variety of sources to select cases for investigation. These sources include:

-States party to the Rome Statute

- NGOs

- individuals

Once the OTP has decided to open an investigation, it will gather evidence and submit it to a Pre-Trial Chamber (PTC) composed of three judges. The PTC will then decide whether there is enough evidence to justify sending the case to trial. If the PTC decides that there is not enough evidence, the case will be closed.

If the PTC decides that there is enough evidence, the accused will be summoned to appear before the Court and informed of the charges against them. The trial will then proceed.

During the trial, the accused has the right to remain silent and the burden of proof is on the prosecution. The accused also has the right to be represented by a lawyer of their choice.

If the accused is found guilty, they will be sentenced to imprisonment or, if they are found not guilty, they will be released.

The sentence will be imposed by the Trial Chamber, taking into account the gravity of the crime and the personal circumstances of the accused.

Both the prosecution and the defence can appeal the decision of the Trial Chamber. Appeals are heard by the ICC's Appeals Division.

Appeals can be made on a point of law or on grounds of fact or sentence.

The Appeals Chamber can:

- affirm the decision of the Trial Chamber

- reverse the decision of the Trial Chamber and enter a conviction

- reverse the decision of the Trial Chamber and acquit the accused

- order a re-trial

Once the Appeals Chamber has issued its ruling, it is final and cannot be appealed.