Brevity of decisions

Notion(s) Filing Case
Decision on Hostage-Taking - 09.07.2009 KARADŽIĆ Radovan

The Applicant claimed that the timing and brevity of the Impugned Decision revealed a hurried approach on the part of the Trial Chamber and its failure to adequately consider some important defence arguments. Having recalled its previous jurisprudence,[1] the Appeals Chamber observed:

11. […] The Appellant does not claim an error of law based on this alleged brevity, nor does he identify specific issues, findings or arguments which the Trial Chamber did not address. In view of this, the Appeals Chamber declines to consider this matter. It does note, however, that a Trial Chamber’s efficiency in dealing with the motions pending before it cannot be regarded as a symptom of superficiality, and that the brevity or length of a decision depends upon a number of factors, including the nature of the issue in dispute and the quality of the parties’ arguments.

[1] Prosecutor v. Miroslav Kvočka et al., Case No. IT-98-30/1-A, Judgement, 28 February 2005 (“Kvočka Judgement”), para. 25; Prosecutor v. Momčilo Krajišnik, Case No. IT-00-39-A, Judgement, 17 March 2009, para. 142.

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