The right of defendants to appeal against conviction or sentence is normally regarded as a fundamental human right. At present this right is laid down in numerous international treaties on human rights, as well as in the Statutes of international courts. The notion and purpose of appellate proceedings vary in national systems. Subject to a number of specifications and exceptions, in civil law countries, that is countries of Romano-Germanic legal tradition, these proceedings amount largely to a retrial by a court of appeal. In contrast, in most common law countries appellate proceedings do not lead to a retrial. Appeals courts, which do not have any jury, do not review facts, but decide on the basis of the trial record. In international criminal proceedings neither the common law system nor the civil law model have been upheld. Rather, a mixed system has been accepted, which is discussed in this chapter.
Chapter
21. Appeals and enforcement
Antonio Cassese, Paola Gaeta, Laurel Baig, Mary Fan, Christopher Gosnell, and Alex Whiting
Chapter
6. Fair trial rights, appeals, and revision and enforcement of sentences
There is no general law or uniform code of international criminal procedure. The International Criminal Court's procedure is still developing, and the ad hoc international criminal tribunals have their own procedural rules. However, defendants before any of the tribunals share certain fundamental fair trial rights. This chapter examines those rights and a defendant's right to appeal against their conviction or sentence. It first introduces general fair trial rights enjoyed by the defendant. It then examines in more detail the content of the right to a public, fair, and expeditious hearing. Next, it considers some of the issues concerning legality of arrest and detention, the right of appeal, and the revision and enforcement of sentences.
