PRAVO NA ŽALBU I ŽALBENI POSTUPAK PRED MEĐUNARODNIM KRIVIČNIM SUDOM
THE RIGHT TO APPEAL AND APPELLATE PROCEDURE BEFORE THE INTERNATIONAL CRIMINAL COURT

Summary/Abstract: The right to appeal and the appellate procedure before the International Criminal Court (ICC) is the main topic of this paper. It covers the basic concept of the right to appeal in the criminal proceeding from theoretical, constitutional and international legal aspects, following a detailed elaboration of the right to appeal under the Statute of the ICC (Rome Statute). This paper considers an appeal against the judgment, as well as the appeal against other decisions of this Court. After that, within the explanations of the appellate procedure before the ICC, in the central part of the work, fundamental rules of starting the appellate procedure, course of the proceedings and decisions taken by the Appeals Chamber are listed and explained. The paper emphasizes that the appeal before the ICC is a special stage of the criminal proceedings in which the decision on legal remedies (appeal and revision) are delivered, which remedies can be declared against this court’s decisions, according to the Rome Statute and the Rules of Procedure and Evidence. The paper also includes the most important rules for the submission of the revision, as well as the process of deciding about this remedy, and finally the rules of procedure of compensation for unlawful arrest or arbitrary detention.

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