Admitting and Evaluating Evidence in the International Criminal Tribunal for the Former Yugoslavia Appeals Chamber Proceedings. A Few Remarks

Abstract

This article analyses the requirements when the ICTY Appeals Chamber may overturn factual findings made by a Trial Chamber and may admit fresh evidence. The conclusion is that the Appeals Chamber should overturn factual findings only when strong reasons so indicate, since trial transcripts cannot provide the same information as did live impressions from the proceedings when the Trial Chamber reached its findings. Fresh evidence should be admitted exceptionally; otherwise the control (corrective) function of the ICTY Appeals Chamber could be weakened, endangering the division of tasks in the court organisation, the effective administration of justice and a final hearing within a reasonable time.