Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Judgments and Decisions

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

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



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    Jurisprudence of the International Criminal Courts and the European Court of Human Rights — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation