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The Post Trial Proceedings

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Chapter Summary

The International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) are the first international Tribunals where appeals against convictions for violations of international humanitarian law can be lodged. The Rules contain very few separate provisions on procedure and evidence in appellate proceedings and under Rule 107 of both Tribunals, the Rules that apply to proceedings in the Trial Chambers "shall apply mutatis mutandis to proceedings in the Appeals Chamber". The Statutes of the Tribunals provide that a Trial Chamber or the Appeals Chamber may review a judgement in light of a newly discovered fact that could have been decisive in reaching the decision. Under Rule 119 (A) of the ICTR, a sentence pronounced by the Appeals Chamber "shall be enforced immediately". Eligibility for a pardon or commutation depends on the national law of the state where the convict serves his sentence.

Keywords: appellate proceedings; International Criminal Tribunal for Rwanda (ICTR); International Criminal Tribunal for the former Yugoslavia (ICTY); international humanitarian law

10.1163/ej.9789004149311.i-564.33
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