No binding force of trial judgements on each other

Notion(s) Filing Case
Appeal Judgement - 26.05.2003 RUTAGANDA George
(ICTR-96-3-A)

188. […] Trial Chambers, which are courts with coordinate jurisdiction, are not mutually bound by their decisions, although a Trial Chamber is free to follow the decision of another Trial Chamber if it finds that decision persuasive. The fact that a bench of the Trial Chamber comprises the same Judges in any two cases does not alter the validity of this principle.[1]

[1] Aleksovski Appeal Judgement, para. 114.

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Notion(s) Filing Case
Appeal Judgement - 24.03.2000 ALEKSOVSKI Zlatko
(IT-95-14/1-A)

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.

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Appeal Judgement - 04.12.2012 LUKIĆ & LUKIĆ
(IT-98-32/1-A)

260. The Appeals Chamber recalls that decisions of trial chambers have no binding force on each other.[1] Rather, 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.[2] Following an analysis of the documentary and witness evidence before it,[3] the Trial Chamber was entitled to reach a conclusion as to Vasiljević’s presence that differed from that of the Vasiljević trial chamber. The Appellants have not shown that the Trial Chamber erred in its application of this principle. The argument that the Trial Chamber committed an error of law in so doing is therefore dismissed.

[1] Aleksovski Appeal Judgement, para. 114.

[2] Stakić Appeal Judgement, para. 346.

[3] Trial Judgement, paras 572-577.

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