The Defence submits that the fact that the Security Council subsequently decided to base the text of the Statute of the Special Court on the corresponding provision in the Rome Statute does not detract from the cogency of the Secretary-General’s view regarding the contours of the offence. Notably, the majority decision of the Appeals Chamber merely pronounced on the threshold question as to whether the offence in question existed under customary international law, 8 and failed to address whether the principle of legality required them to define the contours of the offence as set out in the Statute, in a manner which ensures that the underlying conduct was foreseeably criminal to the accused in question - thus leaving the issue open to future judicial