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Judges must be free to comment, to supplement, to make rules not inconsistent and, to theĮxtent I mentioned yesterday, it would also entitle the Judges to question the Statute and "I would submit, firstly, that clearly within the four corners of the Statute the This is easily understandable and the Prosecutor put it clearly in his argument: Of jurisdiction." (Rules of Procedure, Rule 72 (B).) Without interlocutory appeal, save in the case of dismissal of an objection based on lack
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"The Trial Chamber shall dispose of preliminary motions in limine litis and Jurisdiction." Rule 72 (B) then provides: The first one is: "objections based on lack of However, Rule 73 had already provided for " Preliminary Motions by Accused", (Rules of Procedure and Evidence, 107-08 (adopted on 11 February 1994 pursuant to Articleġ5 of the Statute of the International Tribunal, as amended (IT/32/Rev.
Judges did indeed adopt such rules: Part Seven of the Rules of Procedure and Evidence Were mandated to adopt, especially for " Trials and Appeals" (Art.15). A/6316 (1966) (hereinafter ICCPR)).Īs the Prosecutor of the International Tribunal has acknowledged at the hearing of 7Īnd 8 September 1995, the Statute is general in nature and the Security Council surelyĮxpected that it would be supplemented, where advisable, by the rules which the Judges This provision stands in conformity with the InternationalĬovenant on Civil and Political Rights which insists upon a right of appeal (InternationalĬovenant on Civil and Political Rights, 19 December 1966, art. Security Council opens up the possibility of appellate proceedings within the (hereinafter Statute of the International Tribunal)) adopted by the United Nations S/25704) and adopted pursuant to Security Council resolution 827 () Secretary-General pursuant to paragraph 2 of Security Council resolution 808 (1993) (U.N.ĭoc. International Tribunal (originally published as annex to the Report of the Article 25 of the Statute of the International Tribunal (Statute of the Preliminary question: whether the Appeals Chamber is endowed with the jurisdiction to hearĤ. Jurisdiction has acquired, before this Chamber, a two-tier dimension:Ī) the jurisdiction of the Appeals Chamber to hear this appeal b) the jurisdiction of the International Tribunal to hear this case on the merits.īefore anything more is said on the merits, consideration must be given to the This distinction ought to be observed and will be referred to below.įrom the development of the proceedings, however, it now appears that the question of Rule, from the route it followed with respect to the last two grounds, which it dismissed. Took a different approach to the first ground of contestation, on which it refused to As can readily be seen from the operative part of the judgement, the Trial Chamber IT-94-1-T), at 33 (hereinafter DecisionĪppellant now alleges error of law on the part of the Trial Chamber.ģ. The International Tribunal, 10 August 1995 (Case No. Tribunal." (Decision on the Defence Motion on Jurisdiction in the Trial Chamber of International Tribunal HEREBY DENIES the relief sought by the Defence in its Motion on the Jurisdiction of the Otherwise decides it to be incompetent insofar as it challenges the establishment of the Primacy jurisdiction and subject-matter jurisdiction under Articles 2, 3 and 5 and "THE TRIAL CHAMBER HEREBY DISMISSES the motion insofar as it relates to The judgement under appeal denied the relief sought by Appellant in its essential Before the Trial Chamber, Appellant had launched a three-pronged attack:Ī) illegal foundation of the International Tribunal b) wrongful primacy of the International Tribunal over national courts c) lack of jurisdiction ratione materiae. Jurisdiction of the International Tribunal was denied.Ģ. By that judgement, Appellant's motion challenging the Is seized of an appeal lodged by Appellant the Defence against a judgement rendered by the
Territory of Former Yugoslavia since 1991 (hereinafter "International Tribunal") Responsible for Serious Violations of International Humanitarian Law Committed in the The Appeals Chamber of the International Tribunal for the Prosecution of Persons Decision on the Defence Motion for Interlocutory Appeal on Jurisdictionġ.
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