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Notion(s) Filing Case
Order on Additional Evidence - 14.02.2000 DELALIĆ et al. (Čelebići)
(IT-96-21-A)

The Appellant sought to have admitted pursuant to Rule 115 of the Rules of Procedure and Evidence a document described as an “expert opinion” on the interpretation of the Constitution of Costa Rica.

CONSIDERING that Rule 115 is not applicable to the material now sought to be admitted into evidence, which relates to the Second Ground of Appeal concerned with the ineligibility of one of the members of the Trial Chamber to serve as a Judge of the International Tribunal and not with the guilt or innocence of the Appellant;

CONSIDERING that the Appeals Chamber possesses the competence to receive evidence of this nature, provided that it meets the general criteria for admissibility under sub-Rule 89(C);

[…]

CONSIDERING that points of national law are questions of fact to be decided by the Judges of the International Tribunal;

CONSIDERING that the International Tribunal may receive evidence, including expert evidence, on such questions where relevant;

Download full document 		ICTR Rule Rules 89(C);
Rule 115 ICTY Rule Rule 89(C);
Rule 115
Notion(s) Filing Case
Decision on Preserving and Providing Evidence - 22.04.1999 DELALIĆ et al. (Čelebići)
(IT-96-21-A)

[A] Legal Officer and the then President of the Tribunal […] cannot be subpoenaed to testify as witnesses on matters relating to their official duties or functions because their work is integral to the operation of the Tribunal which must be protected by confidentiality. […]

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