A person convicted by the Court shall have the right to appeal the judgment and sentence to an independent appellate chamber of the Court.
The Prosecutor shall also have the right to appeal a judgment or sentence where permitted by the Rules of the Court.
An appeal may be based upon: a. an error of law; b. an error of fact; c. an error in the assessment or admission of evidence; d. a procedural error that materially affected the fairness of the proceedings; e. newly discovered evidence; f. a disproportionate or unlawful sentence; or g. any other substantial ground affecting the interests of justice.
An appeal shall be heard by judges who did not participate in the original judgment or sentence, except where the Rules of the Court expressly provide otherwise for administrative or procedural matters.
The appellate chamber may: a. confirm the judgment or sentence; b. overturn an acquittal where legally permitted and where the requirements of this Treaty are satisfied; c. overturn or amend a conviction; d. order a retrial; e. vary or replace a sentence; f. order further investigation or consideration of evidence; or g. make any other order necessary to achieve justice.
No person shall be punished for exercising their right of appeal.
Where a person has been sentenced to death, the sentence shall not be carried out while a properly lodged appeal or other lawful judicial review remains pending.
A death sentence shall receive automatic judicial review by an appellate chamber, whether or not the convicted person has independently lodged an appeal.
The Court shall ensure that a person subject to a death sentence has access to legal representation for the purpose of appeal and review.
Where a death sentence is upheld following appeal and judicial review, the Court shall ensure that the judgment records the reasons for confirming the sentence.
The Court may suspend enforcement of any sentence where necessary to permit an appeal, judicial review, consideration of newly discovered evidence, or determination of another matter that may materially affect the judgment.
A final judgment may be reviewed where substantial new evidence becomes available that could reasonably have affected the outcome of the original proceedings.
An application for review based upon newly discovered evidence shall be considered by judges who did not participate in the original determination where reasonably practicable.
No person shall be convicted or sentenced twice by the Court for the same conduct following a final judgment, except where a retrial or reopening of proceedings is expressly authorised by this Treaty because of fraud, corruption, fundamental procedural injustice, or newly discovered evidence of exceptional significance.
The rights of victims and witnesses shall be respected during appeals and judicial review, including appropriate protection measures established under Article 14.
The Court shall publish final appellate judgments and reasons, subject to lawful protections for victims, witnesses, confidential information, and other protected material.
The Rules of the Court shall establish detailed procedures governing appeals, judicial review, retrials, deadlines, legal representation, evidence on appeal, and enforcement during appellate proceedings.
Nothing in this Article shall prevent the Court from taking urgent protective or provisional measures necessary to protect victims, witnesses, evidence, or the public while an appeal or review is pending.