An Inquiry into the ICC Appeals Chamber’s Exercise of the Power of Remand

in The Law & Practice of International Courts and Tribunals
Restricted Access
Get Access to Full Text
Rent on DeepDyve

Have an Access Token?

Enter your access token to activate and access content online.

Please login and go to your personal user account to enter your access token.


Have Institutional Access?

Access content through your institution. Any other coaching guidance?



The 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.



Content Metrics

Content Metrics

All Time Past Year Past 30 Days
Abstract Views 7 7 1
Full Text Views 2 2 2
PDF Downloads 1 1 1
EPUB Downloads 0 0 0