Reviewing the Review: Special Focus on the Standard of Review in the Barayagwiza Case (PDF)


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The International Court of Justice case law has set a standard that meets international expectations as far as the principle of review is concerned, a standard that should not be deviated from, particularly when the laws guiding the said principle are similar to ICTR laws. Unfortunately, in the Barayagwiza case, the Appeals Chamber decision of 31.03.2000 on the prosecutor’s request for review or reconsideration was reached contrary to the prescriptions of the ICTY rules and on untenable grounds.This research appeals to judges and other actors to put aside the Barayagwiza Appeal’s decision and not to consider the said decision as a relevant authority as far as the concept of review is concerned.

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Publication Date

July 27, 2023

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About the author

Gracieux Mbuzukongira is a law professor with vast teaching experience in international law. He has taught at various universities in the East African region. Other than teaching activities he has held various positions in academia including in the Directorate for postgraduate studies and the Office of Deputy Vice Chancellor for Academic Affairs at the University of Iringa in Tanzania. He is a guest researcher at the Max- Planck Institute for Comparative Public and International Law in Heidelberg in Germany, he also teaches at the MIT-World Peace University-PUNE in India.

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