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Judgments and Decisions

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Chapter Summary

The right to a reasoned decision is an element of the right to a fair trial and only on the basis of a reasoned decision will proper appellate review be possible. As a minimum, the Trial Chamber must provide reasoning to support its findings regarding the substantive considerations relevant to its decision. It is only decisions of the Appeals Chamber that are binding on Trial Chambers of the Tribunal. There is no doctrine of precedence in international law which requires a Trial Chamber to follow practices or decisions adopted by another international court. In reaching its judgment, a Trial Chamber can only convict the accused of crimes which are charged in the indictment. It was noted that a guilty plea is a factor often taken into account by the Tribunal in mitigating a sentence.

Keywords: Appeals Chamber; decisions; guilty plea; international law; judgment; Trial Chamber

10.1163/ej.9789004163386.i-912.96
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