Motions to vacate

Notion(s) Filing Case
Mistrial Decision - 02.04.2014 STANIŠIĆ & ŽUPLJANIN
(IT-08-91-A)

20.     Neither the Statute nor the Rules explicitly regulate motions for a declaration of mistrial or to vacate a trial judgement. Pursuant to Rules 54 and 107 of the Rules, the Appeals Chamber may issue such orders as may be necessary for the conduct of proceedings.[1]

[1] Rule 107 of the Rules provides that the rules of procedure and evidence that govern proceedings in the Trial

Chambers shall apply mutatis mutandis to proceedings in the Appeals Chamber.

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ICTR Rule Rule 54;
Rule 107
ICTY Rule Rule 54;
Rule 107
Notion(s) Filing Case
Decision on Reconsideration - 24.07.2014 STANIŠIĆ & ŽUPLJANIN
(IT-08-91-A)

15. [...] The Appeals Chamber emphasises that it will make its own assessment of the issues. Indeed, it will consider the arguments of the parties on whether, and to what extent, the finding regarding Judge Harhoff's partiality in the Šešelj Decisions has an impact on the present case. However, the Appeals Chamber will do so as part of the normal appellate process, and only after the parties have fully litigated the matter.1 In these circumstances, the Appeals Chamber considers that it was neither necessary nor appropriate to assess any impact of the Šešelj Decisions in the Impugned Decision. [...] 

1 The Appeals Chamber notes in this respect that the parties have been given an opportunity to fully litigate this matter in their additions to their appeal briefs. [...]

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