THE PROCEDURE OF THE TRIAL AND APPEALS CHAMBERS OF THE INTERNATIONAL CRIMINAL COURT IN AMENDING THE CHARGES AGAINST LUBANGA: FROM HARMONY TO CONFLICT BETWEEN THE REGULATIONS OF THE COURT AND THE ROME STATUTE

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FAKHERI NARIMAN; SALEHI JAVAD

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Journal Paper

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Journal: INTERNATIONAL LAW REVIEW Year:2015 | Volume:- | Issue:51 Page(s): 183-204

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Title

THE PROCEDURE OF THE TRIAL AND APPEALS CHAMBERS OF THE INTERNATIONAL CRIMINAL COURT IN AMENDING THE CHARGES AGAINST LUBANGA: FROM HARMONY TO CONFLICT BETWEEN THE REGULATIONS OF THE COURT AND THE ROME STATUTE

Author(s)

FAKHERI NARIMAN | SALEHI JAVAD | Issue Writer Certificate

Keywords

INTERNATIONAL CRIMINAL COURT

FAIR TRIAL COMPONENTS

REGULATION OF THE COURT

ROME STATUTE

Abstract

The Trial Chamber of the Court was convinced by the representatives of victims of Lubanga’s alleged crimes to change the existing charges against him under the permission of Regulation 55 of the Regulations of the Court in order to accord with new charges. However, the Appeals Chamber of the Court declared this practice as in conflict with articles 74 (2) and 61 (9) of the ROME STATUTE and overturned the verdict seeking to change the charges.Reaffirming the principle of separation of authorities, the Appeals Chamber defined the amendment of charges as within Prosecutor’s authorities and necessitated the observance of fair trial requirements. The judges of the Appeals Chamber argued that Regulation 55 is not considered as a permission to change the existing charges of the accused. They also declared the said Regulation incomplete in the content thereof for neglecting the requirements of a fair trial.

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APA: Copy

FAKHERI, NARIMAN, & SALEHI, JAVAD. (2015). THE PROCEDURE OF THE TRIAL AND APPEALS CHAMBERS OF THE INTERNATIONAL CRIMINAL COURT IN AMENDING THE CHARGES AGAINST LUBANGA: FROM HARMONY TO CONFLICT BETWEEN THE REGULATIONS OF THE COURT AND THE ROME STATUTE. INTERNATIONAL LAW REVIEW, -(51), 183-204. SID. https://sid.ir/paper/693068/en

Vancouver: Copy

FAKHERI NARIMAN, SALEHI JAVAD. THE PROCEDURE OF THE TRIAL AND APPEALS CHAMBERS OF THE INTERNATIONAL CRIMINAL COURT IN AMENDING THE CHARGES AGAINST LUBANGA: FROM HARMONY TO CONFLICT BETWEEN THE REGULATIONS OF THE COURT AND THE ROME STATUTE. INTERNATIONAL LAW REVIEW[Internet]. 2015;-(51):183-204. Available from: https://sid.ir/paper/693068/en

IEEE: Copy

NARIMAN FAKHERI, and JAVAD SALEHI, “THE PROCEDURE OF THE TRIAL AND APPEALS CHAMBERS OF THE INTERNATIONAL CRIMINAL COURT IN AMENDING THE CHARGES AGAINST LUBANGA: FROM HARMONY TO CONFLICT BETWEEN THE REGULATIONS OF THE COURT AND THE ROME STATUTE,” INTERNATIONAL LAW REVIEW, vol. -, no. 51, pp. 183–204, 2015, [Online]. Available: https://sid.ir/paper/693068/en

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