Chapter 28. Interlocutory Appeals In The Early Practice Of The International Criminal Court

The right of appeal is now generally acknowledged as a fundamental human right in criminal proceedings, at least as far as the convicted persons appeal against the conviction or sentence is concerned. Moreover, a right of appeal that is afforded to both the accused and the prosecutor exists in many domestic systems as well as in the international criminal courts (ICC) and tribunals. By prohibiting interlocutory appeals one will avoid the delays normally caused by appeal proceedings. Indeed, some would argue that interlocutory appeals are generally disfavoured and that the scope should be restricted to an absolute minimum, perhaps only to challenges to the courts jurisdiction, construed in a narrow sense. The statutory regime means that the Pre-Trial Chamber, or Trial Chamber, is designated as the gatekeeper to the Appeals Chamber concerning all decisions with respect to which leave to appeal is required. Keywords: Appeals Chamber; interlocutory appeals; international criminal courts (ICC); Pre-Trial Chamber