PART 8. Appeal and revision

• Author: International Criminal Court
• Pages: 57-60

57

Rome Statute of the International Criminal Court

PART 8.

APPEAL AND REVISION

Article 81

Appeal against decision of acquittal or conviction or against sentence

1. A decision under article 74 may be appealed in accordance with the Rules of Procedure

and Evidence as follows:

(a) The Prosecutor may make an appeal on any of the following grounds:

(i) Procedural error,

(ii) Error of fact, or

(iii) Error of law;

(b) The convicted person, or the Prosecutor on that person’s behalf, may make an

appeal on any of the following grounds:

(i) Procedural error,

(ii) Error of fact,

(iii) Error of law, or

(iv) Any other ground that affects the fairness or reliability of the

proceedings or decision.

2. (a) A sentence may be appealed, in accordance with the Rules of Procedure

and Evidence, by the Prosecutor or the convicted person on the ground of

disproportion between the crime and the sentence;

(b) If on an appeal against sentence the Court considers that there are grounds

on which the conviction might be set aside, wholly or in part, it may invite

the Prosecutor and the convicted person to submit grounds under article 81,

paragraph 1 (a) or (b), and may render a decision on conviction in accordance

with article 83;

(c) The same procedure applies when the Court, on an appeal against conviction

only, considers that there are grounds to reduce the sentence under paragraph

2 (a).

3. (a) Unless the Trial Chamber orders otherwise, a convicted person shall remain in

custody pending an appeal;

(b) When a convicted person’s time in custody exceeds the sentence of

imprisonment imposed, that person shall be released, except that if the

Prosecutor is also appealing, the release may be subject to the conditions

under subparagraph (c) below;