Scope of oral submissions on appeal

Notion(s) Filing Case
Decision on Scheduling Order - 05.12.2006 NAHIMANA et al. (Media case)
(ICTR-99-52-A)

P. 4: RECALLING that the parties are to focus their oral arguments on the grounds of appeal raised in their briefs[1] and that the appeals hearing is not the occasion for presenting new arguments on the merits of the case;

RECALLING further that, during the hearing of an appeal, the parties are expected “to prepare themselves in such a way as not simply to recount what has been set out in their written submission, but to confine their oral arguments to elaborating on points relevant to this appeal that they wish to bring to the Appeals Chamber’s attention”;[2]

[1] Cf. the Appellant’s arguments in paras 12, 18 and 19 of the Motion.

[2] Prosecutor v. Blagoje Simić, Case No. IT-95-9-A, Order Re-Scheduling Appeal Hearing, 5 May 2006, p. 6.

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Notion(s) Filing Case
Decision on Leave to Respond to Oral Arguments - 05.03.2007 BRALO Miroslav
(IT-95-17-A)

15. The Appeals Chamber recalls that parties at an appeal hearing are, as a general rule, invited to “confine their oral arguments to elaborating on points relevant to [their] appeal[s] that they wish to bring to the Appeals Chamber’s attention”.[1] Therefore, unless specifically authorized by the Appeals Chamber, the parties should not raise new arguments that are not contained in their written briefs. The Prosecution, a respondent in the present appeal, was, in addition, supposed to limit its oral arguments to those in response to the Appellant’s submission.

[1] Prosecutor v. Blagoje Simić, Case No. IT-95-9-A, Order Re-scheduling Appeal Hearing, 5 May 2006, p. 4 (emphasis added).

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