Reconsideration of a decision accepting withdrawal of an appeal

Notion(s) Filing Case
Decision on Reopening Appeal - 07.06.2007 STRUGAR Pavle

25. […] Accordingly, the Appeals Chamber concludes that it has the power to reconsider the Decision Accepting Withdrawals in the same way that it has the power to reconsider other decisions that do not constitute judgements on the merits.[1]

[1] This conclusion is supported by the Barayagwiza Decision [Jean-Bosco Barayagwiza v. Prosecutor, Case No. ICTR-97-19-AR72, Decision (Prosecutor’s Request for Review or Reconsideration), 31 March 2000].  There, in considering a case that had been finalized through means other than a judgement on the merits, the Appeals Chamber neither indicated that reconsideration lay outside its power nor suggested that there was an unusually heightened standard for reconsideration.  Barayagwiza Decision para. 73 (simply rejecting the motion for reconsideration on the merits).

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