[1] Gacumbitsi Appeal Judgement, para. 49; Simić et al. Appeal Judgement, para. 20.

[2] Delalić et al. Appeal Judgement, para. 763 (“The Appeals Chamber agrees that only those matters which are proved beyond reasonable doubt against an accused may be the subject of an accused’s sentence or taken into account in aggravation of that sentence.”); Kunarac et al. Trial Judgement, para. 850 (“Only those circumstances directly related to the commission of the offence charged and to the offender himself when he committed the offence, such as the manner in which the offence was committed, may be considered in aggravation. In other words, circumstances not directly related to an offence may not be used in aggravation of an offender’s sentence for that offence. To permit otherwise would be to whittle away the purpose and import of an indictment.”).