Últimas Sentencias | MCHM Abogados

LEGAL FINDING ICC-02/04-01/15-2092_2(ENG)

Legal finding ICC-02/04-01/15-2092_2(ENG)
- In the context of reparations proceedings, the Appeals Chamber has previously held that [the] criteria [for granting suspensive effect] “should be rigorously applied in view of the overriding importance of delivering reparations to victims” when the decision on the person´s conviction has been upheld on appeal. Furthermore, in this regard, the Appeals Chamber has h...

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LEGAL FINDING ICC-02/04-01/15-2092_1(ENG)

Legal finding ICC-02/04-01/15-2092_1(ENG)
- The Appeals Chamber recalls that the decision on a request for suspensive effect is within the discretion of the Appeals Chamber. When examining such a request, the Appeals Chamber “will consider the specific circumstances of the case and the factors it considers relevant for the exercise of its discretion under these circumstances”. The Appeals Chamber has summari...

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LEGAL FINDING ICC-01/04-02/06-2894-RED_2(ENG)

Legal finding ICC-01/04-02/06-2894-Red_2(ENG)
- […] the Chamber […] cannot approve projects that are unlikely to be implemented. This would be contrary to the "do no harm" principle as well as the principle that reparations should be appropriate, adequate and prompt. It would further serve as a source of confusion and frustration for victims for projects to be approved and never implemented. (para. 42).

Public ...

LEGAL FINDING ICC-01/04-02/06-2894-RED_1(ENG)

Legal finding ICC-01/04-02/06-2894-Red_1(ENG)
- […] all victims are to be treated equally and that reparations awards must avoid creating tensions, jealousy, or animosity […] (para. 24).

Public Redacted Version of Second Decision on the Trust Fund for Victims´ Draft Implementation Plan for Reparations
27 February 2024 | ICC-01/04-02/06-2894-Red | Situation in Democratic Republic of Congo...

LEGAL FINDING ICC-01/04-02/06-2894-RED_3(ENG)

Legal finding ICC-01/04-02/06-2894-Red_3(ENG)
- […] the Chamber stresses that regardless of the ongoing appeals, the TFV should be working efficiently and effectively toward the swift implementation of reparations for victims […] The Chamber is of the opinion that proceeding in this manner is consistent with victim´s right to prompt reparations. (para. 65).

Public Redacted Version of Second Decision on the Trus...

LEGAL FINDING ICC-01/14-01/22-323_1(ENG)

Legal finding ICC-01/14-01/22-323_1(ENG)
- The Appeals Chamber recalls that

while the initiation of appellate proceedings under article 82 of the Statute is party-driven, when a party files an appeal, it triggers the jurisdiction of the Appeals Chamber. Once the Appeals Chamber is seised...

Decision on the discontinuance of the appeal
Appeals Chamber | 13 February 2024 | ICC-01/14-01/22-323 | Situation in C...

LEGAL FINDING ICC-01/14-01/22-320_1(ENG)

Legal finding ICC-01/14-01/22-320_1(ENG)
- As regards the suspensive effect of an appeal under article 82(3) of the Statute, the Appeals Chamber has consistently held that “the decision to order that an appeal has suspensive effect is discretionary”, and that when examining a request for suspensive effect, “it will consider the specific circumstances of the case and the...

Decision on the request for suspensive ...

LEGAL FINDING ICC-01/04-02/06-2892_3(ENG)

Legal finding ICC-01/04-02/06-2892_3(ENG)
- By way of a preliminary observation, the Appeals Chamber emphasises that the wording of article 82(3) of the Statute is clear that, in the absence of an order from the Appeals Chamber, an appeal shall not of itself have suspensive effect. That is the default position unless and until the Appeals Chamber rules to the contrary. In these appeals, the Appeals Chamber h...

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