Understanding the International Criminal Court

65. Does the convicted person remain in custody pending an appeal? 

Unless  otherwise  ordered  by  the  Trial  Chamber,  a  convicted  person  remains  in  custody  pending

an appeal. However, in general, when a convicted person’s time in custody exceeds the sentence of

imprisonment imposed, the person is released. In addition, in the case of an acquittal, the accused is

released immediately unless there are exceptional circumstances.

66. When can a decision be revised?

The convicted person or the Prosecution may apply to the Appeals Chamber to revise a final judgment

of conviction or sentence where:

•

new and important evidence has been discovered;

•

it  has  been  newly  discovered  that  decisive  evidence,  taken  into  account  at  trial  and

upon which the conviction depends, was false, forged or falsified;

•

one  or  more  of  the  judges  has  committed  an  act  of  serious  misconduct  or  serious

breach  of  duty  of  sufficient  gravity  to  justify  the  removal  of  that  judge  or  those  judges

from office under the Rome Statute.