‘New Facts’ in ICTY and ICTR Review Proceedings

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The Statutes of the ICTY and ICTR provide for the review of final judgments upon the discovery of a ‘new fact’ that could have affected the judgments. The Appeals Chambers of the two Tribunals interpret the term ‘new fact’ to mean new information related to a matter that was not at issue during the original trial, as opposed to simply meaning new information of a factual nature. The article argues that this interpretation of ‘new fact’ creates a risk that review will be denied on formalistic grounds even in situations where principles of justice would make review plainly warranted. The article proposes several ways in which the Appeals Chambers could alter their case law to ensure against such injustice. Finally, the article considers the implications of this issue for other international criminal tribunals.

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Leiden Journal of International Law