MICT appellate review

Notion(s) Filing Case
Appeal Judgement - 18.12.2014 NGIRABATWARE Augustin

6. The Appeals Chamber recalls that the Mechanism was established pursuant to United Nations Security Council Resolution 1966 (2010) and continues the material, territorial, temporal, and personal jurisdiction of the ICTR.[1] The Statute and the Rules of the Mechanism reflect normative continuity with the Statutes and Rules of the ICTR and ICTY.[2] The Appeals Chamber considers that it is bound to interpret its Statute and Rules in a manner consistent with the jurisprudence of the ICTR and ICTY.[3] Likewise, where the respective Rules or Statutes of the ICTR or ICTY are at issue, the Appeals Chamber is bound to consider the relevant precedent of these tribunals when interpreting them.[4]

[1] United Nations Security Council Resolution 1966, U.N. Doc. S/RES/1966, 22 December 2010 (“Security Council Resolution 1966”), paras. 1, 4, Annex 1, Statute of the Mechanism (“Statute”), Preamble, Article 1. See also Security Council Resolution 1966, Annex 2.

[2] See Phénéas Munyarugarama v. Prosecutor, Case No. MICT-12-09-AR14, Decision on Appeal Against the Referral of Phénéas Munyarugarama’s Case to Rwanda and Prosecution Motion to Strike, 5 October 2012 (“Munyarugarama Decision”), para. 5.

[3] See Munyarugarama Decision, para. 6.

[4] See Munyarugarama Decision, para. 6. 

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