The Appellant requested that the Appeals Chamber also take into account arguments and references included in the motion and reply he had filed before the Trial Chamber. In light of the following considerations, the Appeals Chamber rejected the Appellant’s request.

13. The Appeals Chamber notes that paragraph 9(d) of the Practice Direction states that an interlocutory appeal shall contain “the grounds on which the appeal is made”. It further notes that, in the well-established practice of the Tribunal, appellants substantiate their arguments in support of each ground of appeal in their appeal briefs and not by reference to submissions made elsewhere. In addition, the Appeals Chamber recalls that, “[o]n appeal, a party may not merely repeat arguments that did not succeed at trial, unless the party can demonstrate that the Trial Chamber’s rejection of them constituted such an error as to warrant the intervention of the Appeals Chamber”. It further considers that the Appeal and the Reply autonomously contain the grounds on which the appeal is made and are not defective in any respect. Accordingly, while the Appeals Chamber will take into consideration the Preliminary Motion and Preliminary Reply as part of the record of the case, the Appeals Chamber will not treat the arguments put forward in the Preliminary Motion and Preliminary Reply as incorporated in the Appeal.