Section 37p. 37

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

is based. When there is no unanimity, the judgement of

the Appeals Chamber shall contain the views of the

majority and the minority, but a judge may deliver a

separate or dissenting opinion on a question of law.

5. The Appeals Chamber may deliver its judgement in the

absence of the person acquitted or convicted.

ARTICLE 84

Revision of conviction or sentence

1. The convicted person or, after death, spouses, children,

parents or one person alive at the time of the accused's

death who has been given express written instructions

from the accused to bring such a claim, or the Prosecutor

on

the

person's

behalf,

may

apply

to

the

Appeals

Chamber to revise the final judgement of conviction or

sentence on the grounds that:

(a) New evidence has been discovered that:

(i) Was not available at the time of trial, and such

unavailability was not wholly or partially attributable to

the party making application; and

(ii) Is sufficiently important that had it been proved at trial

it would have been likely to have resulted in a different

verdict;

(b) It has been newly discovered that decisive evidence,

taken into account at trial and upon which the conviction

depends, was false, forged or falsified;

(c) One or more of the judges who participated in

conviction or confirmation of the charges has committed,

in that case, an act of serious misconduct or serious

breach of duty of sufficient gravity to justify the removal

of that judge or those judges from office under article 46.

2. The Appeals Chamber shall reject the application if it

considers it to be unfounded. If it determines that the

application is meritorious, it may, as appropriate:

(a) Reconvene the original Trial Chamber;

(b) Constitute a new Trial Chamber; or

(c) Retain jurisdiction over the matter,

with a view to, after hearing the parties in the manner set

forth in the Rules of Procedure and Evidence, arriving at a

determination on whether the judgement should be

revised.

ARTICLE 85

Compensation to an arrested or convicted person

1. Anyone who has been the victim of unlawful arrest or

detention

shall

have

an

enforceable

right

to

compensation.

2. When a person has by a final decision been convicted

of a criminal offence, and when subsequently his or her

conviction has been reversed on the ground that a new or

newly discovered fact shows conclusively that there has

been

a

miscarriage

of justice, the person who has

suffered punishment as a result of such conviction shall

be compensated according to law, unless it is proved that

the non-disclosure of the unknown fact in time is wholly

or partly attributable to him or her.

3. In exceptional circumstances, where the Court finds

conclusive facts showing that there has been a grave and

manifest miscarriage of justice, it may in its discretion

award compensation, according to the criteria provided in

the Rules of Procedure and Evidence, to a person who has

been released from detention following a final decision of

acquittal or a termination of the proceedings for that

reason.

PART 9. INTERNATIONAL COOPERATION AND

JUDICIAL ASSISTANCE

ARTICLE 86

General obligation to cooperate

States Parties shall, in accordance with the provisions of

this

Statute,

cooperate

fully

with

the

Court

in

its

investigation

and

prosecution

of

crimes

within

the

jurisdiction of the Court.

ARTICLE 87

Requests for cooperation: general provisions

1. (a) The Court shall have the authority to make requests

to States Parties for cooperation. The requests shall be

transmitted through the diplomatic channel or any other

appropriate channel as may be designated by each State

Party

upon

ratification,

acceptance,

approval

or

accession.

Subsequent changes to the designation shall be made by

each

State

Party

in

accordance

with

the

Rules

of

Procedure and Evidence.

(b) When appropriate, without prejudice to the provisions

of subparagraph (a), requests may also be transmitted

through the International Criminal Police Organization or

any appropriate regional organization.

2.

Requests

for

cooperation

and

any

documents

supporting

the

request

shall

either

be

in

or

be

accompanied by a translation into an official language of

the requested State or one of the working languages of

the Court, in accordance with the choice made by that

State upon ratification, acceptance, approval or accession.

Subsequent changes to this choice shall be made in

accordance with the Rules of Procedure and Evidence.

3. The requested State shall keep confidential a request

for

cooperation

and any documents supporting the

request, except to the extent that the disclosure is

necessary for execution of the request.

4. In relation to any request for assistance presented

under this Part, the Court may take such measures,

including

measures

related

to

the

protection

of

information, as may be necessary to ensure the safety or

physical

or

psychological

well-being

of

any

victims,

potential witnesses and their families. The Court may

request that any information that is made available under

this Part shall be provided and handled in a manner that

protects

the

safety

and

physical

or

psychological

well-being of any victims, potential witnesses and their

families.

5. (a) The Court may invite any State not party to this

Statute to provide assistance under this Part on the basis

of an ad hoc arrangement, an agreement with such State

or any other appropriate basis.

(b) Where a State not party to this Statute, which has

entered into an ad hoc arrangement or an agreement

with the Court, fails to cooperate with requests pursuant

to any such arrangement or agreement, the Court may so

inform the Assembly of States Parties or, where the

Security Council referred the matter to the Court, the

Security Council.

6. The Court may ask any intergovernmental organization

to provide information or documents. The Court may also

ask for other forms of cooperation and assistance which

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