Every person convicted by the Court shall have the right to appeal their conviction, sentence, or both in accordance with this Treaty.
The prosecution may appeal an acquittal, conviction, sentence, or other final judicial decision where authorised by this Treaty and the Rules of the Court.
An appeal may be based upon: a. an error of law; b. a serious error in the assessment or admission of evidence; c. a serious procedural error affecting the fairness of the proceedings; d. newly discovered evidence that could materially affect the verdict or sentence; e. misconduct, corruption, bias, or improper influence affecting the proceedings; f. an error concerning the jurisdiction of the Court; g. an unreasonable or disproportionate sentence; or h. another substantial ground recognised by the Rules of the Court.
An appeal shall be heard by judges who did not participate in the original decision where reasonably practicable.
The Court may establish an independent appellate chamber consisting of one or more judges as determined by the Rules of the Court.
Appeals may be conducted by secure video link, including where the appellant remains in the custody of a State Party.
An appellant shall have reasonable access to legal representation and the evidence and records necessary to present an effective appeal.
The Court may appoint or arrange independent legal representation where necessary to ensure a fair appeal and the interests of justice require it.
The prosecution and defence shall have a reasonable opportunity to make written and oral submissions.
The appellate court may: a. uphold the conviction; b. overturn the conviction; c. order an acquittal; d. order a retrial; e. amend the legal classification of an offence where lawful; f. increase or reduce a sentence where authorised; g. order a new sentencing hearing; h. return a matter to the trial chamber for reconsideration; i. correct a serious procedural or legal error; or j. make any other lawful order necessary to achieve justice.
A conviction shall not be overturned merely because an appellate chamber would have preferred a different interpretation of evidence where the original decision was reasonably supported by the evidence and law.
Where an appeal identifies a serious error affecting the fairness or reliability of a conviction, the appellate court shall provide an appropriate remedy.
A person shall not be punished for exercising their right to appeal.
Where an appeal is brought against a sentence, the sentence may remain in force during the appeal unless the Court orders otherwise.
The Court may suspend or modify enforcement of a sentence where necessary to prevent serious injustice while an appeal is pending.
Where a person has been acquitted by final judgment, they shall not be retried for the same offence except where this Treaty expressly permits reopening of the case because of exceptional circumstances such as proven fraud, deliberate concealment of decisive evidence, or serious corruption affecting the original proceedings.
Where a conviction has become final, the Court may permit judicial review where substantial new evidence, proven corruption, fundamental procedural injustice, or another exceptional circumstance demonstrates that the conviction may be unsafe.
A judicial review shall be conducted independently from the original decision wherever reasonably practicable.
The Court may establish time limits for appeals while allowing extensions where necessary to prevent injustice.
An appeal or review may be brought by: a. the convicted person; b. their authorised legal representative; c. the Prosecutor; or d. another person authorised under the Rules of the Court where the convicted person is unable to act.
Where the accused has died, the Court may permit an appeal or review to continue where necessary to establish the truth, correct a wrongful conviction, protect the reputation of the deceased, or serve the interests of justice.
Where an appeal or review results in an acquittal or reduction of sentence, the Court shall issue appropriate orders concerning release, compensation, restoration of property, correction of public records, or other appropriate remedies.
Where a person has been unlawfully imprisoned as a result of a wrongful conviction, the Court may order or recommend compensation or other appropriate remedy in accordance with this Treaty.
Appeals and judicial reviews may be conducted remotely where physical attendance is unnecessary.
The Court shall maintain a public record of final appellate judgments and significant judicial review decisions, subject to lawful protections for victims, witnesses, children, confidential information, and other protected persons.
The Rules of the Court shall establish detailed procedures governing appeals, judicial review, retrials, newly discovered evidence, appellate chambers, legal representation, suspension of sentences, remedies, and finality of judgments.