Issues not raised by the parties
|Appeal Judgement - 19.10.2000||
97. The Appeals Chamber notes that Rule 111 expressly states that “[a]n Appellant’s brief shall contain all the argument and authorities.” Although Rule 114 provides that “the Appeals Chamber may rule on… appeals based solely on the briefs of the parties”, it also states that it can decide to hear the appeal in open court. It is intended that each party should advise the Appeals Chamber in full of all the arguments upon which they it wishes to rely in relation to each ground of appeal, through both written filings and orally.
98. However, in the case of errors of law, the arguments of the parties do not exhaust the subject. It is open to the Appeals Chamber, as the final arbiter of the law of the Tribunal, to find in favour of an Appellant on grounds other than those advanced: jura novit curia. Since the Appeals Chamber is not wholly dependent on the arguments of the parties, it must be open to the Chamber in proper cases to consider an issue raised on appeal even in the absence of substantial argument. The principle that an appealing party should advance arguments in support of his or her claim is therefore not absolute: it cannot be said that a claim automatically fails if no supporting arguments are presented.
 NOTE: AT THE TIME OF THE PRESENT JUDGEMENT RULE 111 PROVIDED: “An Appellant's brief shall contain all the argument and authorities. It shall be served on the other party and filed with the Registrar within thirty days of the filing of the Appellant's brief.” AS A RESULT OF AMENDMENTS ON 5-6 JULY 2002, IT PROVIDED: “An Appellant’s brief setting out all the arguments and authorities shall be filed within seventy-five days of filing of the notice of appeal pursuant to Rule 108.” AS OF JULY 2013, THIS FORMULATION REMAINS UNCHANGED IN RULE 111(A).
 NOTE: AT THE TIME OF THE PRESENT JUDGEMENT RULE 114 PROVIDED: “After the expiration of the time-limits for filing the briefs provided for in Rules 111, 112 and 113, the Appeals Chamber may rule on such appeals based solely on the briefs of the parties, unless it decides to hear the appeal in open court. The Registrar shall notify the parties accordingly.” AS A RESULT OF AMENDMENTS ON 5-6 JULY 2002, IT PROVIDED: “After the expiry of the time-limits for filing the briefs provided for in Rules 111, 112 and 113, the Appeals Chamber shall set the date for the hearing and the Registrar shall notify the parties.”
|ICTY Rule Rule 111|