The ICC Appeals Chamber dismisses Request for Extraordinary Review of Pre Trial Chamber I’s Decision

ICC-CPI-20060714-150

Situation: Democratic Republic of the Congo

On 13 July 2006, the Appeals Chamber of the International Criminal Court dismissed the application of the Prosecutor for the “Extraordinary Review ”, as termed, of a decision of Pre-Trial Chamber I, denying leave to appeal under article 82 (1) (d) of the Statute. 

The Appeals Chamber determined that the Statute confers no jurisdiction for the review of decisions denying leave to appeal nor does the absence of such a power constitute a lacuna in the Statute. 

In the process of examination of the appeal, the Appeals Chamber adverted to the criteria relevant to the statement of an appealable issue under article 82 (1) (d) of the Statute. The  Appeals Chamber concluded that “the object of paragraph (d) of article 82 (1) of the Statute is to pre-empt the repercussions of erroneous decisions on the fairness of the proceedings or the outcome of the trial.”

On 31 March 2006, Pre-Trial Chamber I had denied the application of the Prosecutor under article 82 (1) (d) of the Statute for leave to appeal its decision of 17 January 2006, wherein it had accorded to six applicants the right to participate in the proceedings at the stage of investigation of the situation in the DRC.

13.07.2006 - Judgment on the Prosecutor's Application for Extraordinary Review of Pre-Trial Chamber I's 31 March 2006 Decision Denying Leave to Appeal
ICC-01/04-168