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Appellate and Review Proceedings

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Chapter Summary

Neither in the ICTY nor in ICTR has it ever been contemplated that the Article 25 gave the parties a right to appeal against every interlocutory decision, or even a right to seek leave to appeal against every interlocutory decision. Rule 73 (B) has made express provision for one and only one approach to the Appeals Chamber, namely by way of a successful application for leave made to the Trial Chamber. The amendment to Rule 73 (B) of the SCSL Rules created a novel test for granting leave to interlocutory appeal, as the requirement of ?exceptional circumstances? does not feature in similar provisions in the ICTY and ICTR. The notion ?exceptional circumstances? is one that does not lend itself to a fixed meaning. Rule 115 concerns the admission of evidence on appeal in addition to evidence already admitted in respect of a particular fact or issue during trial proceedings.

Keywords: Appeals Chamber; exceptional circumstances; ICTR; ICTY; Rule 73 (B); SCSL Rules; Trial Chamber; trial proceedings



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