Rome Statute of the International Criminal Court
4.
The judgement of the Appeals Chamber shall be taken by a majority of the judges and
shall be delivered in open court. The judgement shall state the reasons on which it
is based. When there is no unanimity, the judgement of the Appeals Chamber shall
contain the views of the majority and the minority, but a judge may deliver a separate
or dissenting opinion on a question of law.
5.
The Appeals Chamber may deliver its judgement in the absence of the person
acquitted or convicted.
Article 84
Revision of conviction or sentence
1.
The convicted person or, after death, spouses, children, parents or one person alive at
the time of the accused's death who has been given express written instructions from
the accused to bring such a claim, or the Prosecutor on the person's behalf, may apply
to the Appeals Chamber to revise the final judgement of conviction or sentence on the
grounds that:
(a)
2.
New evidence has been discovered that:
(i)
Was not available at the time of trial, and such unavailability was not
wholly or partially attributable to the party making application; and
(ii)
Is sufficiently important that had it been proved at trial it would have
been likely to have resulted in a different verdict;
(b)
It has been newly discovered that decisive evidence, taken into account at
trial and upon which the conviction depends, was false, forged or falsified;
(c)
One or more of the judges who participated in conviction or confirmation
of the charges has committed, in that case, an act of serious misconduct or
serious breach of duty of sufficient gravity to justify the removal of that judge
or those judges from office under article 46.
The Appeals Chamber shall reject the application if it considers it to be unfounded. If
it determines that the application is meritorious, it may, as appropriate:
(a)
Reconvene the original Trial Chamber;
(b)
Constitute a new Trial Chamber; or
(c)
Retain jurisdiction over the matter,
with a view to, after hearing the parties in the manner set forth in the Rules of
Procedure and Evidence, arriving at a determination on whether the judgement
should be revised.
Article 85
Compensation to an arrested or convicted person
1.
Anyone who has been the victim of unlawful arrest or detention shall have an
enforceable right to compensation.
2.
When a person has by a final decision been convicted of a criminal offence, and
when subsequently his or her conviction has been reversed on the ground that a
new or newly discovered fact shows conclusively that there has been a miscarriage of
justice, the person who has suffered punishment as a result of such conviction shall
be compensated according to law, unless it is proved that the non-disclosure of the
unknown fact in time is wholly or partly attributable to him or her.
53