One appeal dismissed, another upheld

By Mel O’Brien

This afternoon the Appeals Chamber of the ICC delivered its decision on the Prosecutor’s appeal against two decisions of the Trial Chamber in the Lubanga case. The first appeal was against the Trial Chamber’s decision of 13 June 2008, imposing a stay of proceedings on the case. The Prosecutor argued that the Trial Chamber had misinterpreted and mischaracterized the use of Article 54(3)(e), and that the imposition of a stay of proceedings was premature and excessive. Despite the Prosecutor seeking to amend the appeal to only the third ground, the Appeals Chamber saw all three grounds as inextricably linked and therefore delivered a decision on all three grounds.

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