ABSTRACT

It should be reminded that the Statutes of the Nuremberg and Tokyo Tribunals did not provide the possibility for a re-examination of the decisions in second instance. Article 26 of the Statute of the Nuremberg Tribunal very clearly established that the decisions were final and without possibility for an appeal. After the establishment of the Nuremberg Tribunal, however, the right of the convicted person to a review of the declaration of guilt or of conviction by a higher level of jurisdiction has been recognized in different international instruments adopted in the field of human rights. An appeal against a decision of acquittal or conviction or against a sentence of the Trial Chamber can be brought by the Prosecutor or the convicted person. The Statute, however, distinguishes different kinds of appeal according to the author of the appeal and to the type of acts under challenge.