Notions list
A
- Ability to use statement to rebut Prosecution evidence [1]
- Absence of a Judge [5]
- Absence of active participation in the criminal acts of subordinates [1]
- Absence of conviction under Article 6(1) [1]
- Absence of mitigating circumstances [1]
- Absence of reference to accused in other procedings [1]
- Absence of references [1]
- Abuse of process [4]
- Access to confidential materials from related cases [1]
- Access to ex parte material from another case [4]
- Access to ex parte material in the same case [2]
- Access to material from another case [25]
- Access to the case record [3]
- Accomplice [2]
- Accomplice testimony [11]
- Accused [4]
- Accused / appellant testifying in another case [2]
- Accused represented by Counsel [3]
- Accused's character [1]
- Accused's presence at crime scenes [2]
- Acquittal [1]
- Acquitted persons [5]
- Act of state doctrine [1]
- Acts committed in detention [1]
- Acts of subordinates that do not amount to committing [3]
- Acts or omissions prior to the existence of the common purpose [1]
- Actus reus [43]
- Ad litem Judges [2]
- Additional agreement to commit a specific crime [1]
- Additional evidence [6]
- Additional evidence on appeal [99]
- Additional Protocols [1]
- Additional submissions upon order of the Appeals Chamber [1]
- Adequate penalty structure [3]
- Adequate time and facilities to prepare for one's defence [2]
- Adjournment of proceedings to prepare one's defence [1]
- Adjudicated facts [17]
- Adjustment [7]
- Administration of Justice [3]
- Administrative decisions [20]
- Administrative matters [1]
- Admissibility [8]
- Admissibility of additional evidence [29]
- Admissibility of evidence [10]
- Admissibility of evidence during cross-examination [1]
- Admissibility of evidence from national legislation [1]
- Admissibility of evidence in its entirety [1]
- Admissibility of evidence under Rule 89 [9]
- Admissibility of prior inconsistent statement [1]
- Admissibility of rebuttal evidence [2]
- Admissibility of rejoinder to rebuttal material [2]
- Admissibility of statements made before domestic jurisdictions [1]
- Admissibility of translations of evidence admitted at trial [2]
- Admissibility on appeal [3]
- Admission denied by majority [1]
- Admission of new evidence in a retrial [2]
- Affidavit from the Prosecution [1]
- Aggravating circumstances [36]
- Aggravating v. mitigating circumstances [5]
- Aggravation [2]
- Agreed facts [1]
- Agreed mitigating circumstances [1]
- Agreement [1]
- Aiding and abetting [51]
- Alibi [24]
- Alibi raised for the first time on appeal [1]
- Alleged errors in translation of trial exhibits [1]
- Alleged fair trial violations [1]
- Allegedly contradictory testimony in a later trial [1]
- Alleging incompetence of trial counsel on appeal [2]
- Allocation of resources to the Defence [1]
- Alternative charging [1]
- Alternative convictions [2]
- Amendment [18]
- Amendment of charges after referral [1]
- Amicus Curiae [10]
- Amnesty [1]
- Appeal as of right [12]
- Appeal hearing [14]
- Appeals [9]
- Appeals Chamber [8]
- Appearing as necessary witness [1]
- Appellate proceedings [20]
- Appellate review [9]
- Appellate review of revocation decision [1]
- Applicability in non-international armed conflict [1]
- Applicability of Rule 68 at the appellate stage [1]
- Applicability of Rules 66 and 67 at the appellate stage [4]
- Applicability of rules of admission of additional evidence on appeal to referral and revocation decisions [2]
- Applicability through unilateral declarations [1]
- Applicability to international organisations [1]
- Applicability to NATO as an international organisation [3]
- Applicable law [93]
- Application of domestic criminal provisions [2]
- Application of JCE doctrine to ICTR jurisprudence [1]
- Application of Rule 89(C) instead of Article 25 and Rule 120 [1]
- Application of Rule 89(C) instead of Article 25 and Rule 120 [0]
- Application of the JCE doctrine to large-scale cases [1]
- Appointment of a referral bench [1]
- Arbitrary detention prior to initial appearance [2]
- Armed conflict [2]
- Arrest and provisional detention [5]
- As of right [3]
- Assessing the means of the accused [1]
- Assessment [3]
- Assessment of evidence [6]
- Assessment of evidence in its entirety [9]
- Assessment of evidence in relation to each accused [1]
- Assessment of testimony [21]
- Assigned counsel [0]
- Assignment of counsel [13]
- Assistance of counsel [4]
- Attacks on civilian objects [2]
- Attacks on civilians [4]
- Authenticity [2]
- Authority of judgement delivered orally (incl. prior to written reasoned opinion) [1]
- Authority to enter convictions under alternate modes of liability [1]
- Authorized length of time and number of witnesses [2]
- Availability of the proffered evidence at trial [23]
- Availability of witnesses [1]
- Avoidance of a lengthy trial [1]
B
- Basic elements [2]
- Behaviour not leading to a conviction [1]
- Beyond reasonable doubt [2]
- Binding force of appeal judgements on trial judgements [1]
- Binding force of Appeals Chamber decisions on each other [5]
- Binding force of legal determinations by other Tribunals [7]
- Binding force of multilateral treaties on the Tribunal [1]
- Binding force of trial judgements on each other [2]
- Binding order [5]
- Breakdown of confidence [1]
- Brevity of decisions [1]
- Briefs and/or Motions [71]
- Briefs on appeal: appendixes [2]
- Burden of proof [40]
- Burden of proof showing which outcome would best serve the interests of justice [1]
- Burden of the accused [2]
C
- Capacity to act [2]
- Certification [5]
- Certification following remand [1]
- Certification for interlocutory appeal [6]
- Chamber duty to decide motions [1]
- Chambers coordination [1]
- Change in the composition of the Trial Chamber [1]
- Changed circumstances [5]
- Character evidence [1]
- Characterisation of the armed conflict [2]
- Charging an additional incident [1]
- Circumstantial evidence [10]
- Civilian population [5]
- Civilian zones [1]
- Client’s consent for conflicting representation [2]
- Co-perpetratorship [2]
- Collusion [3]
- Command responsibility in Rwandan law [1]
- Commission [10]
- Commission through participation in JCE [1]
- Committing [11]
- Common knowledge [3]
- Common purpose [5]
- Communication after transfer [1]
- Communication of amicus curiae reports [1]
- Communication with Counsel [4]
- Commutation of sentence [1]
- Comparison with other cases [20]
- Compelling humanitarian reasons [7]
- Competence of remaining Judges [2]
- Competence vis-à-vis Trial Chambers [1]
- Competency to testify [1]
- Competent body [2]
- Complaint procedure [4]
- Completion strategy [2]
- Complexity of the case [5]
- Compliance with formal requirements [5]
- Complicity to commit genocide [1]
- Components [1]
- Composition of a Referral Bench [1]
- Concept of jurisdiction in international law [1]
- Concurrent convictions [4]
- Concurrent evidence [2]
- Concurrent or consecutive sentences [2]
- Concurrent sentences [2]
- Conditions of detention [10]
- Conditions of life calculated to bring about physical destruction [1]
- Conduct of the Prosecution and the relevant authorities [2]
- Confessions [1]
- Confidential filings [3]
- Confidential material [30]
- Confirmed indictment [2]
- Conflict of interest [7]
- Consent [2]
- Consent of a protected witness [2]
- Consequences for victims [1]
- Considerations of fairness and prejudice to the Appellant [1]
- Consolidated decision on several motions [1]
- Consolidated filings [2]
- Conspiracy [1]
- Conspiracy between institutions [1]
- Conspiracy to commit genocide [10]
- Constitutive elements [2]
- Contempt [46]
- Contempt proceedings in absentia [1]
- Content of decisions [1]
- Continuation of trial [2]
- Continuing crimes [1]
- Continuing obligation to afford inspection [1]
- Continuous obligation [2]
- Contribution [9]
- Contribution to historical record [1]
- Convicted persons [9]
- Convicted persons awaiting transfer to an enforcement State [1]
- Conviction [9]
- Conviction for ordering and aiding and abetting based on same set of facts [1]
- Convictions on the basis of both direct and superior responsibility [1]
- Convictions on the basis of more than one mode of liability [2]
- Cooperation of States [5]
- Cooperation with the Prosecution [11]
- Cooperation with the Tribunal [1]
- Corrigendum [2]
- Corroboration [21]
- Counsel [67]
- Counsel as witness [1]
- Counsel's negligence or inadvertence [7]
- Credibility [26]
- Credit for time spent in detention [3]
- Crime of terror [6]
- Crimes against humanity [60]
- Crimes committed by adversaries [1]
- Crimes committed by participants in a JCE of vast scope [1]
- Criminal history [1]
- Criminal liability [1]
- Criteria [9]
- Criteria to be satisfied [1]
- Cross-examination [9]
- Cross-reference to a ground of appeal advanced by a co-appellant [1]
- Cruel treatment [3]
- Cumulative charging [4]
- Cumulative convictions [27]
- Cumulative criteria and the extent of the analysis [3]
- Cumulative effect of defects [1]
- Curing the defects [7]
- Curing vagueness [6]
- Custodial sentence for contempt [4]
- Custodial visit to an embassy [1]
- Customary international law [11]
- Customary law [3]
- Customary rules of international humanitarian law governing non-international armed conflicts [4]
D
- Date of formation [1]
- Dates [3]
- De facto authority [2]
- De jure authority [6]
- De novo sentence on appeal [2]
- Deadline for filing an appeal brief [1]
- Death of a party [7]
- Death of an appellant [5]
- Decision issued after close of proceedings [3]
- Decision issued without awaiting end of briefing [1]
- Decisions by majority [2]
- Declaration under Rule 112(B) [1]
- Defects [17]
- Defence [0]
- Defence members [1]
- Defence resources [1]
- Defences [7]
- Definition [36]
- Delayed disclosure [4]
- Delegation of authority to non-judicial bodies [1]
- Delegation of authority to non-judicial entities [0]
- Deliberations [3]
- Demeanour [5]
- Denial of motion for acquittal [1]
- Deportation [8]
- Depositions [1]
- Desecration of corps [1]
- Destruction of or wilful damage to cultural property [1]
- Destruction of property [3]
- Destruction or wilful damage done to institutions dedicated to religion [1]
- Destruction or willful damage done to institutions dedicated to education [1]
- Destruction or willful damage of cultural property [1]
- Deterioration of health [1]
- Determination of potential grounds of appeal [1]
- Determination of sentence by the Appeals Chamber [1]
- Devastation not justified by military necessity [2]
- Differences between Rule 115 and Rule 119 proceedings [2]
- Diminished mental responsibility [1]
- Direct and public incitement to commit genocide [16]
- Direct incitement [2]
- Direct participation in hostilities [2]
- Disclosure [60]
- Disclosure under MICT Rule 71 [1]
- Disclosure under Rule 70 [4]
- Discretion [8]
- Discretion in managing trials [4]
- Discretion to impose sentence [12]
- Discretionary decisions [30]
- Discriminatory intent [1]
- Dismissal as a matter of law [1]
- Displacement across a de jure or de facto border [1]
- Disproportionate attacks [1]
- Disqualification [11]
- Distinction between counts or charges and material facts [1]
- Distinction between jus ad bellum and jus in bello [1]
- Distinction between ordinary crimes and serious violations of international humanitarian law [1]
- Distinction with prosecutorial discretion [1]
- Documentary evidence [1]
- Domestic crimes [1]
- Domestic jurisdiction [4]
- Double counting [3]
- Double jeopardy [4]
- Due diligence [17]
- Due process [1]
- Duress [2]
- During the course of a trial (Incl. pending / after a Rule 98bis Decision) [7]
- Duty Judge [2]
- Duty of loyalty [3]
- Duty of loyalty to a former client [3]
- Duty to ensure the welfare of released persons [0]
- Duty to ensure the welfare of the acquitted person [2]
- Duty to familiarize oneself with the case [1]
- Duty to identify mitigating circumstances at trial [1]
- Duty to punish / Investigate [5]
- Duty to suppress [1]
E
- Early release [4]
- Effective control at the time of the commission of the crimes [1]
- Effective control v. substantial influence [1]
- Electronic disclosure [4]
- Electronic disclosure: ICTY EDS (Electronic Disclosure System) [2]
- Element of the offence [2]
- Elements [7]
- Elements of the crimes [4]
- Encouragement [1]
- Enforcement [5]
- Enslavement [1]
- Equal gravity or severity requirement [2]
- Equality of arms [18]
- Errors of fact [13]
- Errors of law [9]
- Estoppel [1]
- Ethical obligations [1]
- Ethnicity [2]
- Evidence [153]
- Evidence adduced in another case [4]
- Evidence admitted during first trial [1]
- Evidence favourable to the Defence [1]
- Evidence introduced for the first time on appeal [1]
- Evidence of a witness who commits suicide [1]
- Evidence of an accused [17]
- Evidence rebutting judicially noted facts [3]
- Evidence received after closing arguments [2]
- Evidence relating to the acts and conduct of the accused [2]
- Evidence untested through cross-examination [2]
- Ex parte material [9]
- Ex parte submissions by the Prosecution [1]
- Examination of witnesses [5]
- Exceptional circumstances [3]
- Exclusion of evidence [4]
- Exclusion of those nationals of co-belligerent States with normal diplomatic representation [2]
- Exculpatory evidence [5]
- Exculpatory material [6]
- Exhaustion of all other means [1]
- Exhaustion of all other sources to obtain the requested materials [1]
- Existence of a legal duty [1]
- Existence of a plan or policy [2]
- Existence of a plan or policy for genocide [2]
- Expedited adjudication [1]
- Expert evidence [18]
- Exposure to materials not in evidence [1]
- Expression of regret [1]
- Expression of remorse [1]
- Extension [2]
- Extension of provisional release [1]
- Extension to appellate proceedings of Rules applicable to trial proceedings [1]
- Extermination [26]
F
- Facilitation of transfer [2]
- Factors for consideration [3]
- Facts from a different judgement [3]
- Facts from another proceeding [1]
- Facts going to the criminal responsibility of an accused [4]
- Facts of common knowledge [5]
- Facts pleaded under a different count [2]
- Facts subject to appeal or review [1]
- Facts underlying a conviction [1]
- Failure [12]
- Failure to act [2]
- Failure to appeal a trial decision refusing the admission [1]
- Failure to individualise the sentence [1]
- Failure to prevent and failure to punish [4]
- Failure to prevent or punish [2]
- Fair trial [18]
- Fair trial rights [2]
- Fairness and reasonableness [2]
- False testimony [8]
- Family situation [2]
- Filing of a referral appeal brief [2]
- Filing of a reply [2]
- Filing of a response to an interlocutory appeal [1]
- Filing of an appeal from a decision on a request for revocation of referral [1]
- Finality of the trial judgement [2]
- Financial assistance pending relocation [1]
- Financial compensation [2]
- Fitness to stand trial [7]
- Flexibility of time-limits [1]
- Forcible displacement [11]
- Forcible transfer [13]
- Foreseeability and accessibility [3]
- Formal recognition of violation as remedy [2]
- Formal requirements [9]
- Free translation services [1]
- Fresh evidence [1]
- Frivolous filings [4]
- Fully exercised influence [1]
- Functional immunity of defence members [1]
- Functional immunity of state officials [3]
- Functions and powers [2]
- Fundamental principle of protection [1]
G
- General criteria [6]
- General issues [14]
- General principles [11]
- General v. specific obligations [2]
- Geneva Conventions [3]
- Genocidal intent [4]
- Genocidal plan [2]
- Genocide [50]
- Geographic scope [2]
- Geographical area of crimes [2]
- Good cause for extension [15]
- Good cause requirement [11]
- Good character [5]
- Grave breaches of the Geneva Conventions [1]
- Gravity [0]
- Gravity of crimes [1]
- Gravity of the crimes [3]
- Gravity of the crimes charged [2]
- Gravity of the offence [23]
- Grounds for denying mitigation [2]
- Gruesome nature of the crime [1]
- Guarantees of compliance with conditions of provisional release [8]
- Guilt of an accused [1]
- Guilt of an accused cannot be based on judicially noticed facts [1]
- Guilty plea [11]
H
- Habeas corpus [2]
- Had reason to know standard [8]
- Handling of confidential information [1]
- Harassment and other psychological abuse [1]
- Hardship to client [3]
- Hate speech [3]
- Hearing the State to which the Accused seeks to be released [1]
- Hearing under Rule 115 [5]
- Hearsay [12]
- Hierarchy of crimes [1]
- Hierarchy of evidence (live and documentary evidence) [1]
- Hierarchy of norms [1]
- High level of authority [2]
- Hostage-taking [3]
- Humanitarian reasons [2]
I
- ICTR EDS (Electronic Disclosure system) [3]
- ICTY Judicial Database [2]
- Identification and recognition witnesses [1]
- Identification evidence [14]
- Identification of direct perpetrators [1]
- Identification of subordinates [2]
- Identity of participants [2]
- Illegal orders [1]
- Immunities [3]
- Impact of adjudicated facts [1]
- Impact of the OSCE Report on the law on the transfer of cases from the ICTY to BiH [1]
- Impact of trauma [1]
- Impact on sentencing [1]
- Impartiality [17]
- Impeachment of a witness [2]
- Imposed assignment [3]
- Imposition of a minimum sentence [2]
- Imposition of counsel [2]
- Imposition of sentence after re-trial [1]
- Imposition of time limits [5]
- Imprisonment [3]
- In dubio pro reo principle [2]
- In-court identifications [4]
- Inattentive Judge [1]
- Incentive to testify in favour of the accused [1]
- Inchoate or continuing crime [3]
- Incomplete or missing translations of trial exhibits [1]
- Inconsistencies [9]
- Independence [3]
- Independence of the Prosecution [1]
- Independent and impartial tribunal established by law [1]
- Independent proceedings [3]
- Indicators of effective control [11]
- Indictment [109]
- Indiscriminate attacks [2]
- Individual criminal responsibility [6]
- Individual deterrence [1]
- Individual paradigmatic acts to support a conviction [1]
- Individualised findings [1]
- Individuals acting in their private capacity [1]
- Inference from events on the ground [1]
- Inference of discriminatory intent [3]
- Inference of intent [3]
- Inference of knowledge [3]
- Information on which the administrative decision is based [1]
- Informed guilty plea [1]
- Informed withdrawal [1]
- Inherent jurisdiction [1]
- Initiation of proceedings [1]
- Innocence [1]
- Instigating [12]
- Instructions from the accused [2]
- Insufficient findings [1]
- Intent [2]
- Interaction between Rules 89 (C) and 93 [1]
- Interaction between Rules 89(C) and 70(F) [1]
- Interaction between Rules 89(D) and 70(G) [1]
- Interests of justice [7]
- Interference with witnesses [3]
- Interlocutory appeals [24]
- Internal armed forces acting on behalf of a foreign power [3]
- International armed conflict [6]
- Interpretation [13]
- Interpretation in light of international law [2]
- Investigations at the appellate stage [7]
- Investigations under Rule 115 [5]
- Involvement of several persons [1]
- Irreparable harm to victims [1]
- Issuance of national identity cards [1]
- Issue of general importance [4]
- Issues not raised by the parties [1]
J
- JCE 3 [13]
- JCE2/concentration camps category [1]
- Joinder of cases [27]
- Joint criminal enterprise [95]
- Joint defence [1]
- Judgement [7]
- Judgement of Acquittal [5]
- Judges [52]
- Judicial economy [3]
- Judicial notice [46]
- Judicially noticed facts [1]
- Jurisdiction [50]
- Jurisdictional challenge [10]
- Jurisdictional conditions [4]
- Jus de non evocando [1]
K
- Killing of certain named or described persons [1]
- Knowledge of crimes [2]
- Knowledge of genocidal intent [1]
- Knowledge of subordinates' conduct [1]
- Knowledge of the international character of the armed conflict [1]
- Knowledge of the subordinates' identities [1]
- Knowledge of the subordinates' intent [1]
L
- Lack of notice [3]
- Lack of translation [2]
- Large number of victims [2]
- Late filing [1]
- Laws governing extradition [1]
- Lawyer-client privilege [4]
- Legal aid [9]
- Legal basis for JCE [2]
- Legal Consultant [1]
- Legal framework [1]
- Legal officers [6]
- Legal reasoning in a confidential decision [1]
- Legal requirement of an attack [1]
- Legal standard [2]
- Legal status [1]
- Legitimate attacks [1]
- Length of pre-trial detention [1]
- Length of provisional release [3]
- Length of Trial Judgement [6]
- Lex mitior [4]
- Liability for acts committed by non members of the JCE [1]
- Liability for omissions [2]
- Liability under Articles 7(1) and 7(3) [1]
- Life imprisonment [9]
- Life sentence [5]
- Limitations (UNSC Resolution) [1]
- Limited and selective assistance [1]
- Limits to that right [6]
- Link between accused and perpetrators: remoteness [1]
M
- Maintain ex parte status [1]
- Majority [1]
- Manifest failure to adjudicate essential elements of JCE liability [1]
- Manifest failure to provide a reasoned opinion [2]
- Manifestly inadequate sentence [1]
- Manipulation of indictment [1]
- Margin of discretion [1]
- Massiveness requirement [7]
- Material facts [13]
- Material jurisdiction [1]
- Material other than testimonies [1]
- Material supporting allegations of bias [1]
- Meaning of "final judgement" [1]
- Meaning of "opposite party" [1]
- Measures to assure fairness of trial [1]
- Media reports [1]
- Medical grounds [2]
- Medical profession [1]
- Medical treatment outside The Netherlands [4]
- Meeting with an appellant [1]
- Members of associations of survivors [1]
- Membership in a criminal enterprise [2]
- Mens rea [72]
- MICT appellate review [1]
- MICT continuity [5]
- Minimising hardship to witnesses [1]
- Minor inconsistencies [5]
- Miscarriage of justice [5]
- Misconduct [4]
- Misconduct (incl. absences and lateness) [2]
- Mitigating circumstances [52]
- Mitigation of sentence [1]
- Mixed errors (law and fact) [1]
- Modes of liability [12]
- Modification of orders [1]
- Modification of protective measures [3]
- Modified provisional release [1]
- Monitoring and revocation [11]
- Most senior leaders [2]
- Motion for mistrial at appellate stage [1]
- Motions [0]
- Motions for clarification [1]
- Motions for mistrial [3]
- Motions to vacate [3]
- Motive [4]
- Multiple accused [2]
- Multiple appeals against an impugned decision [1]
- Multiple defendants [29]
- Multiplicity of victims [1]
- Murder [11]
- Murder as a violation of the laws or customs of war [1]
- Murder as crime against humanity [2]
N
- National rules of evidence [2]
- National security concerns [1]
- Nationality of victims [1]
- Natural and foreseeable consequences [9]
- Nature of a decision accepting withdrawal [1]
- Nature of Rule 84bis [1]
- Nature of the legal duty [1]
- Necessary and reasonable measures [3]
- Necessity requirement [1]
- Need [0]
- Need for a specific warning [2]
- New arguments [1]
- New charges [1]
- New conviction at appellate stage [7]
- New facts [22]
- Nexus with the accused [1]
- Nexus with the armed conflict [11]
- Nexus with the attack [3]
- No appeal [1]
- No authority requirement [1]
- No binding force of trial judgements on Appeals Chamber [1]
- No binding force of trial judgements on each other [4]
- No certification needed following remand [2]
- No cumulative responsibility under Articles 7(1) and 7(3) / Articles 6(1) and 6(3) [3]
- No discretion of the Trial Chamber [1]
- No distinction based on who calls the witness [1]
- No need to order or authorize a crime [1]
- No presumption of innocence on appeal [1]
- No requirement to share the subordinates' intent [1]
- No right to a public judgement [1]
- Non bis in idem [3]
- Non-compliance with delay for filing and extraordinary circumstances [1]
- Non-compliance with obligations [5]
- Non-international armed conflict [9]
- Non-international character of the conflict in Rwanda [2]
- Non-prosecution agreement [1]
- Notice of alibi [2]
- Notice of appeal [34]
- Notification of protective measures [1]
- Nulla poena sine lege [1]
- Nullum crimen sine lege [9]
- Number of subordinates involved in crimes [1]
O
- Objective adequacy [1]
- Obligation of the Appeals Chamber [1]
- Obligation to make findings on superior responsibility [1]
- Obligation to plead at trial [3]
- Obligations of the Registry [1]
- Obstructing justice [1]
- Obtaining witness statements [1]
- Omission [17]
- Omitting material facts [2]
- Only one genocide in Rwanda between 6 April and 17 July 1994 [2]
- Oral hearing [2]
- Oral hearing of pre-appeal matters [1]
- Order for cooperation to national authorities [1]
- Order from a superior [1]
- Order of a Chamber [19]
- Ordering [18]
- Ordering a campaign [1]
- Orders directed to corporations for the production of documents [0]
- Orders to States for producing documents or information [13]
- Other inhumane acts [3]
- Other party's witness [1]
- Other party's witness who declined interview [2]
- Outrages upon personal dignity [2]
- Overall challenge [1]
- Overlap between cases [2]
- Overlap with other dead-lines [2]
- Own case [1]
- Ownership or origination of information [1]
P
- Pardon [1]
- Participants in a joint criminal enterprise [1]
- Participation by video-conference [4]
- Pattern evidence [1]
- Pending ancillary matters after delivery of the trial judgement [1]
- Permission to vary grounds of appeal in the absence of good cause [4]
- Persecution [31]
- Persistent pattern of conduct [1]
- Personal interest [2]
- Personal intervention of an accused alongside the counsel [2]
- Personal jurisdiction [6]
- Persons bound by protective measures orders [3]
- Persons hors de combat [2]
- Phrases with legal meaning [3]
- Physical and mental health of detainees [2]
- Physical perpetration [1]
- Physical presence [11]
- Planning [12]
- Planning a campaign [2]
- Plea agreement [12]
- Pleading [19]
- Pleading aggravating circumstances [1]
- Plunder of public or private property [2]
- Political questions as non-justiciable disputes [1]
- Position of authority [15]
- Position of authority vs. Superior responsibility [1]
- Position of trust [1]
- Possibility of making a statement at later stages of the trial [1]
- Possibility of making a statement in writing [1]
- Post-conflict conduct [3]
- Post-hearing submissions [3]
- Post-trial health deterioration [1]
- Postponement of an appeal hearing [2]
- Postponing consideration of objections to admission of evidence [1]
- Potential prejudice [1]
- Potential witnesses [4]
- Power of courts to issue orders to other State organs [1]
- Power to remit issues to a Trial Chamber [1]
- Powers of Pre-Review Judge [2]
- Powers of the Appeals Chamber [2]
- Powers of the Referral Bench [1]
- Practical interest in the case [2]
- Practices in different cases [1]
- Pre-conditions for entry of a guilty plea [4]
- Pre-existing agreement [1]
- Pre-existing plan or policy [4]
- Pre-trial stage [1]
- Prejudice [22]
- Premeditation [1]
- Prerequisites for provisional release [1]
- Prerogative of the Prosecution [1]
- Presentation of fresh evidence [2]
- Presentation of witness evidence [1]
- President [7]
- President's Decision [1]
- Presiding Judge’s signature on behalf of the Bench [1]
- Presumption of effective control [2]
- Presumption of independence [1]
- Presumption of innocence [6]
- Presumptive right [1]
- Previously rejected humanitarian reasons [1]
- Primacy of the Tribunal over domestic courts [1]
- Principal perpetrators [2]
- Principle [1]
- Principle of distinction in the law of armed conflicts [1]
- Principle of equality of arms [2]
- Principle of finality [3]
- Principle of proportionality [1]
- Prior consistent statements [2]
- Prior personal knowledge [1]
- Prior statement [1]
- Priority to the commitments to the Tribunal [1]
- Prisoners of war [1]
- Privileged communication [2]
- Probative value [4]
- Procedure [4]
- Procedure for disclosures under Rule 68 [2]
- Procedure for Rule 68 breach [1]
- Prohibition of hostage-taking [4]
- Prolonged and systematic involvement [1]
- Pronouncement of Judgement [3]
- Proof beyond reasonable doubt [5]
- Proof by inference [12]
- Proof of existence of the requested materials [1]
- Proper use of the Tribunal’s resources [1]
- Proportionality principle [3]
- Proprio motu [1]
- Proprio motu order for production of evidence under Rule 98 [1]
- Prosecution [1]
- Prosecution obligations [3]
- Prosecution v. Defence witnesses [1]
- Prosecution’s appeal against acquittal [5]
- Prosecutor [3]
- Prosecutorial discretion [1]
- Protected persons [3]
- Protected status after termination of trial [1]
- Protective measures [20]
- Providing evidence [6]
- Provisional release [81]
- Psychological examination [3]
- Public incitement [4]
- Public official [1]
- Public redacted version [2]
- Purpose of closing brief [1]
- Putting the nature of the case to the witness [2]
Q
R
- Raised by the Prosecution [1]
- Raised for the first time on appeal [3]
- Rank of the accused [1]
- Rape [4]
- Rape as crime against humanity [1]
- Ratio Decidendi of the Appeals Chamber [2]
- Re-certification of the record [2]
- Re-examination [1]
- Reasonable steps requirement [1]
- Reasonableness of a sentence [3]
- Reasoned decision [5]
- Reasoned opinion [43]
- Reciprocity [3]
- Recognized mode of liability [2]
- Recommended sentence [2]
- Reconsideration [33]
- Reconsideration of a decision accepting withdrawal of an appeal [1]
- Reconsideration of a Pre-Appeal Judge's decision [1]
- Reconsideration of a Trial Chamber's decision at the appellate stage [1]
- Reconsideration of appeal judgements [6]
- Reconsideration of decision for review [1]
- Reconsideration of decisions after closing arguments [2]
- Reconsideration of interlocutory decisions [7]
- Reconsideration of pre-appeal decisions [2]
- Reconsideration of referral of joined case [1]
- Reconsideration proprio motu [1]
- Recusal [1]
- Reduction of life sentence [1]
- References to trial arguments [1]
- Referral [57]
- Reformulation [1]
- Refreshing witness memory [1]
- Refusal of guidelines on applicable procedure [1]
- Registrar [2]
- Registrar's responsibility for release [1]
- Rehabilitation [1]
- Release during judicial recess [1]
- Release on the expiration of the sentence [1]
- Relevance [3]
- Relevance of the presumption of innocence [1]
- Relevance of the proffered evidence [3]
- Relevancy and necessity requirements [1]
- Relevant material for assessment [1]
- Reliability [5]
- Reliability and credibility of witnesses [1]
- Reliance on the jurisprudence of the European Court of Human Rights [1]
- Remand [11]
- Remedy [10]
- Remorse / Regret [4]
- Remuneration [4]
- Reopening a party's case [4]
- Reopening of a withdrawn appeal [1]
- Reopening trial proceedings [1]
- Replacement of a Judge [1]
- Replacing a conviction under Article 7(1) [1]
- Representation by co-counsel [2]
- Reprisal [1]
- Request for a more severe sentence on appeal than that requested at trial [1]
- Request for a stay [4]
- Request for inspection [3]
- Request from a party to proceedings before another jurisdiction [1]
- Requirement of Pain and Suffering [1]
- Requirement of recognition of an armed conflict [1]
- Requirements for inference of genocidal intent [1]
- Res judicata [3]
- Response and/or reply [11]
- Responsibility for crimes committed by non-members of the JCE [5]
- Responsibility of civilian superiors [3]
- Responsible command as basis for superior responsibility [1]
- Restriction of scope of testimony under Rule 70 [2]
- Restrictions [11]
- Result requirement [1]
- Retention of evidence on the record [1]
- Retrial [12]
- Retrial following an acquittal [1]
- Retribution and deterrence [3]
- Retrospective and prospective application [2]
- Review [61]
- Review of a decision linked to an impugned decision [1]
- Review of a decision on appeal pursuant to Rule 11bis [2]
- Review of alibi evidence on appeal [1]
- Review of an administrative decision [4]
- Review of an administrative decision (Registrar's and/or President's) [8]
- Review of an interlocutory decision [1]
- Review of potentially privileged material [1]
- Review of Single Judge decision after close of proceedings [1]
- Review proceedings [22]
- Revocation [1]
- Right of an accused [1]
- Right of an accused to appear as a witness [2]
- Right of an accused to request transfer [1]
- Right of an appellant to personally address the Appeals Chamber [2]
- Right of audience [1]
- Right of cross-examination [1]
- Right of equality before the Tribunal [1]
- Right of Prosecution to be heard [1]
- Right of reply [1]
- Right to a fair trial [24]
- Right to a reasoned opinion [19]
- Right to an adversarial trial [1]
- Right to an initial appearance without undue delay [6]
- Right to appeal [10]
- Right to appeal Rule 75(G) decisions [1]
- Right to be heard [9]
- Right to be properly informed of reasons for arrest [5]
- Right to be tried before an independent tribunal [3]
- Right to be tried in his or her own presence [16]
- Right to be tried without undue delay [20]
- Right to challenge expert's conclusions [1]
- Right to challenge the lawfulness of detention [2]
- Right to competent counsel [5]
- Right to counsel of one's choosing [11]
- Right to cross-examination and fair trial [2]
- Right to cross-examine witnesses [6]
- Right to duty counsel [1]
- Right to file a sur-reply [2]
- Right to file a written reply to oral submissions on appeal [1]
- Right to freedom of expression [1]
- Right to have adequate time and facilities for the preparation of a defence [8]
- Right to legal assistance [2]
- Right to personally participate in appeal proceedings [1]
- Right to respect for dignity as human beings [1]
- Right to respond to allegations of negligence [1]
- Right to respond to an interlocutory appeal of a co-accused [2]
- Right to security [1]
- Right to self-representation [32]
- Right to supplement a brief on appeal [3]
- Right to use own language [3]
- Rights of suspects [19]
- Ripeness doctrine [1]
- Risk to the administration of justice [3]
- Role of counsel [5]
- Role of investigator [1]
- Rule 108bis [3]
- Rule 115 Motion [2]
- Rule 15bis [4]
- Rule 70 material [2]
- Rule 92 bis written statements/transcripts [1]
- Rule 98bis decisions [3]
- Rule against duplicity [1]
- Rule-making powers [3]
- Rwanda; existence of Hutus; Tutsis; Twas as protected group; genocide; widespread or systematic attacks [2]
S
- Sadism [1]
- Sadistic behavior [1]
- Safeguard of equivalent value [1]
- Same transaction [2]
- Sanctions [12]
- Scope [34]
- Scope of appellate review [1]
- Scope of disclosure obligation [15]
- Scope of interlocutory appeal [2]
- Scope of oral submissions on appeal [2]
- Scope of protected confidential information [4]
- Scope of protection under common Article 3 of the Geneva Conventions [8]
- Scope of the common objective (original and expanded crimes) [1]
- Second review [2]
- Securing attendance of defence witnesses [1]
- Security concern of a deceased witness’s family [1]
- Security Council [3]
- Seeking authorization for obtaining written statements of a potential witness [1]
- Self-defence [1]
- Self-incrimination [4]
- Self-representation [8]
- Self-represented accused [2]
- Sentencing [137]
- Sentencing errors and validity of conviction [1]
- Sentencing practices in domestic courts [9]
- Separate indictments [1]
- Sequence of presentation [2]
- Serious bodily or mental harm [2]
- Serious prejudice [1]
- Severance of cases [4]
- Sexual assault [2]
- Simultaneous (dual) representation [3]
- Single sentence [1]
- Single witness [4]
- Site visits [6]
- Sources of law [1]
- Sovereign State acting in self-defence [1]
- Special circumstances [7]
- Specialised knowledge [3]
- Specific direction [4]
- Specific intent [2]
- Specific intent crimes [3]
- Specificity [4]
- Specificity requirement [4]
- Standard of appellate review [69]
- Standard of proof [22]
- Standard of review [49]
- Standby counsel [4]
- Standing [5]
- Standing to seek revocation [1]
- Stare decisis [10]
- State and international organizations' requests for review [2]
- State obligations [2]
- State officials [3]
- State policy [1]
- State requests for review [3]
- State responsibility [1]
- State sovereignty [1]
- State succession [1]
- Statement of a suspect / accused [3]
- Statement of a witness who later becomes suspect / accused [1]
- Statement of an accused (ICTY Rule 84bis) [4]
- Statement under ICTR Rule 92bis [3]
- Statements under Rule 92 bis ICTY [4]
- Statements under Rule 92 quater ICTY [3]
- States [4]
- Status conference [3]
- Strong grounds [1]
- Subjective Elements [1]
- Subordinate role [1]
- Subordinate's criminal responsibility [1]
- Subpoena [14]
- Substantial contribution [6]
- Substantial effect [3]
- Substantial part of targeted group [2]
- Substitute Judge [7]
- Successor liability [1]
- Sufficient grounds [2]
- Summary dismissals [6]
- Summary of expected testimony [6]
- Summary of the requirements for a conviction under the JCE doctrine [3]
- Summoning a witness under Rule 115 [4]
- Superior responsibility [86]
- Superior-subordinate relationship [11]
- Supervisory powers [1]
- Supporting materials [2]
- Suspension of sentence [4]
T
- Tacit approval and encouragement [4]
- Targeted / protected group [2]
- Targeted attack on the leadership of the protected group [1]
- Technical means of exchanging information [1]
- Temporal jurisdiction [5]
- Temporal scope [1]
- Termination of proceedings [4]
- Test [6]
- Testimony by the defendant [1]
- Testimony by video-link [1]
- Testimony given through an interpreter [2]
- Testimony of an accused [7]
- Testimony on facts [2]
- Testing the admitted evidence [1]
- Three categories of JCE [2]
- Threshold to qualify for other inhumane acts [1]
- Time allocated to Defence case [8]
- Time allocated to parties' cases [1]
- Time allocated to Prosecution case [1]
- Time for oral submissions on appeal [1]
- Time limits [38]
- Timeliness of a request for investigation on appeal [1]
- Timeliness of a Rule 115 Motion [5]
- Timing [7]
- Timing for objections [2]
- Timing of the Appeals Chamber's decision [1]
- Torture [7]
- Transfer for purposes of meeting with a counsel [1]
- Translation of Trial Judgement [2]
- Translation resources [2]
- Transposing domestic approaches to the international level [3]
- Treaty law [4]
- Trench-digging by civilian detainees [1]
- Trial Chamber's discretion [12]
- Trial date [5]
- Trial in absentia [1]
- Trial Judgement [5]
- Trial management issues [50]
- Tribunal's jurisdiction to determine its own jurisdiction [1]
- Tu quoque [3]
- Two reasonable triers of fact can come to equally reasonable conclusions [2]
U
- Unconscious transference phenomenon [1]
- Undue delay [1]
- Unequivocal guilty plea [1]
- Unidentified victims [1]
- Unity of identity between client and counsel [1]
- Unlawful attacks against civilians [1]
- Unlawful attacks on civilian objects [1]
- Unlawful confinement of civilians [3]
- Unprecedented Legal Procedures / Measures [1]
- Use of force [1]
- Use of force by a State in self-defence [1]
- Use of support material [1]
V
- Vagueness [20]
- Validity [1]
- Variation of grounds of appeal [21]
- Variation of witness list [1]
- Verbal abuse [1]
- Victim identification [2]
- Victims of genocidal acts vs. victims of genocide [1]
- Victims' interests [1]
- Violation of right to a fair trial [4]
- Violation of right to counsel of one's choosing [1]
- Violation of the fundamental rights of the accused [1]
- Violations of fair trial rights [0]
- Violence to life [2]
- Voir dire [1]
- Voluntary guilty plea [1]
- Voluntary intoxication [1]
- Voluntary surrender [4]
- Voluntary surrender while incarcerated [1]
- Vulnerability of the victims [1]
W
- Waiver [8]
- Waiver of right [3]
- Waiver of the right to attend trial [2]
- Waiver to raise arguments on appeal [4]
- Wanton destruction not justified by military necessity [2]
- War crimes [39]
- Whether all victims of crimes under Article 5 must be civilians [6]
- Widespread or systematic attack [6]
- Will-say statement [1]
- Withdrawal of an appeal [3]
- Withdrawal of counsel [6]
- Witness credibility [0]
- Witness intimidation [2]
- Witness statement [1]
- Witnesses [108]
- Word limit [6]
- Would test [7]
Z
- Zeal [2]