TABLE OF CONTENTS
A. Procedure before the Trial
Chamber
B. Procedure before the Appeals Chamber
1. Appellate filings
2. Grounds of appeal and relief requested
a) The prosecution’s appeal
b) The cross-appellant’s appeal
3. Additional evidence and other evidentiary matters
A. Prosecution’s first ground
of appeal: denial of an opportunity to be heard.
B. Prosecution’s second ground of appeal: standard
to be applied pursuant to Rule 98bis(B) of the Rules.
C. Prosecution’s third ground of appeal: intent
to commit genocide
1. First part of third ground
2. Second part of third ground
A. Cross-appellant’s first
ground of appeal: cumulative convictions.
B. Cross-appellant’s second ground of appeal:
the Trial Chamber erred in fact and in the exercise of its discretion when imposing
sentence
1. Admissibility of evidence
at trial on count of genocide
2. An unauthorised double conviction on counts
16-17 - killing of Huso and Smajil Zahirovic while the indictment alleged the
killings in the alternative
3. The absence of a recognised tariff for
sentencing
4. Insufficient account was given to the general
practice of prison sentencing in the courts of the former Yugoslavia
5. No credit was given to the accused for
his guilty plea
6. No credit was given for his cooperation
with the prosecution
7. Inadequate consideration of the youth of
the cross-appellant
IV. DISPOSITION
V. SEPARATE OPINION OF JUDGE NIETO-NAVIA
VI. PARTIAL DISSENTING OPINION OF JUDGE SHAHABUDDEEN
VII. PARTIAL DISSENTING OPINION OF JUDGE WALD