The oral hearing of the Charles Taylor Appeals will be held on Tuesday 22 and Wednesday 23 January 2013 in the courtroom of the Special Tribunal for Lebanon, Leidschendam in The Hague. The Scheduling Order issued by the Appeals Chamber shows that:
1. The Parties shall be prepared to respond to oral questions posed by the Justices about issues raised in their Written Submissions; and
2. The Parties will be asked to limit their submissions to the following issues pursuant to Rule 114 of the Rules of Procedure and Evidence:
(i) Whether the Trial Chamber correctly articulated the actus reus elements of aiding and abetting liability under customary international law, the differentiation between concepts of aiding and abetting, instigation and ordering under article 6(1) of the Statute and whether customary international law recognizes certain forms of liability set forth within article 6 (1) of the Statute as either more or less serious than other forms of liability for sentencing or other purposes.
(ii) Whether the Trial Chamber’s findings met the mens rea standard.
(iii) Whether acts of assistance not “specifically directed” to the perpetration of a crime can substantially contribute to the commission of the crime for aiding and abetting liability; and whether the Trial Chamber’s findings met the “specific direction” standard.
(iv) Whether acts of assistance not to the crime “as such” can substantially contribute to the commission of the crime for aiding and abetting liability; and whether the Trial Chamber’s findings met the “as such” standard.
(v) Whether the sources of law identified in Rule 72 bis (ii) and (iii) establish that uncorroborated hearsay cannot be relied upon as the sole basis for specific incriminating findings of fact.
(vi) How the Appeals Chamber should apply existing jurisprudence relating to adjudicated facts under Rule 94(B) in the context of a defense motion for the admission of adjudicated facts following the close of the prosecution case.
The timetable of the Appeal indicate the hearing will commence at 10am on each given day and will also include the submitted statements on stated issues and subsequent replies by both the Prosecutor and Charles Taylor.