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The Legacy of the International Criminal Tribunal for the Former Yugoslavia$
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Bert Swart, Alexander Zahar, and Göran Sluiter

Print publication date: 2011

Print ISBN-13: 9780199573417

Published to Oxford Scholarship Online: September 2011

DOI: 10.1093/acprof:oso/9780199573417.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 11 December 2019

Unity and Division in Decision Making—The Law and Practice on Individual Opinions at the ICTY

Unity and Division in Decision Making—The Law and Practice on Individual Opinions at the ICTY

Chapter:
(p.191) 6 Unity and Division in Decision Making—The Law and Practice on Individual Opinions at the ICTY
Source:
The Legacy of the International Criminal Tribunal for the Former Yugoslavia
Author(s):

Göran Sluiter

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199573417.003.0007

This chapter critically addresses the use of separate and dissenting opinions at the ICTY. Its central question is whether the use of individual opinions at the ICTY is in need of reform with a view to improve judicial decision-making and the confidence therein by the public. It first discusses the diverging views on the availability of individual opinions in general. Next it traces the origin and history of individual opinions in international criminal proceedings. At the heart of the chapter is the analysis of 208 individual opinions published by ICTY judges. This practice suffers of a number of flaws and should be improved in a number of areas. The conclusion contains a number of recommendations to that end, which are no longer of much assistance to the ICTY, but could be its legacy on this point for the ICC.

Keywords:   ICTY, separate, dissenting, individual opinions, judicial decision-making, international criminal proceedings

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