Binding force of trial judgements on each other
|Appeal Judgement - 24.03.2000||
Download full document
114. The Appeals Chamber considers that decisions of Trial Chambers, which are bodies with coordinate jurisdiction, have no binding force on each other, although a Trial Chamber is free to follow the decision of another Trial Chamber if it finds that decision persuasive.
|Appeal Judgement - 29.09.2014||
KAREMERA & NGIRUMPATSE
52. The Appeals Chamber further recalls that decisions of individual trial chambers have no binding force on other trial chambers. A trial chamber must make its own final assessment of the evidence on the basis of the totality of the evidence presented in the case before it. Consequently, two reasonable triers of facts may reach different but equally reasonable conclusions when determining the probative value of the evidence presented at trial. Likewise, the Appeals Chamber considers that an assessment as to whether the defence has been prejudiced by the Prosecution’s disclosure violations and whether a remedy is appropriate depends on the particular circumstances of the case. An error cannot be established by simply demonstrating that other trial chambers have exercised their discretion in a different way.
See also paras 257, 262, 439, 543.
 Lukić and Lukić Appeal Judgement, para. 260; Aleksovski Appeal Judgement, para. 114. See also The Prosecutor v. Théoneste Bagosora et al., Case Nos. ICTR-98-41-AR73 and ICTR-98-41-AR73(B), Decision on Interlocutory Appeals of Decision on Witness Protection Orders, 6 October 2005, para. 33.
 Lukić and Lukić Appeal Judgement, para. 260; Stakić Appeal Judgement, para. 346.
 Lukić and Lukić Appeal Judgement, para. 396; Krnojelac Appeal Judgement, paras. 11, 12.
 See, e.g., Mugenzi and Mugiraneza Appeal Judgement, paras. 39, 43-46, 54, 55; Kalimanzira Appeal Judgement, paras. 18-22.
 Lukić and Lukić Appeal Judgement, para. 396. See also Krnojelac Appeal Judgement, para. 12.