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Legacies of the International Criminal Tribunal for the Former YugoslaviaA Multidisciplinary Approach$
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Carsten Stahn, Carmel Agius, Serge Brammertz, and Colleen Rohan

Print publication date: 2020

Print ISBN-13: 9780198862956

Published to Oxford Scholarship Online: July 2020

DOI: 10.1093/oso/9780198862956.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 23 October 2021

Judgments and Judgment Drafting

Judgments and Judgment Drafting

(p.282) 15 Judgments and Judgment Drafting
Legacies of the International Criminal Tribunal for the Former Yugoslavia

Thomas Wayde Pittman

Marko Divac Öberg

Oxford University Press

One of the legacies of the International Criminal Tribunal for the former Yugoslavia (ICTY) will be its many trial and appeal judgments with significant length. These are accompanied by a ‘reasoned opinion in writing’ which drastically varies in size. Those written reasoned opinions, also referred to as judgments, serve an important formal and tangible purpose. They are intergovernmental judicial decision-making records of judicially-determined factual and legal findings and conclusions concerning atrocities committed in the former Yugoslavia. Politically, they serve a less tangible, but no less important, purpose—as the Tribunal’s contribution to the restoration and maintenance of peace in the former Yugoslavia. Yet, for possessing such importance, little is known about how the judgments come into existence. Who drafts them and how and what are the stages? Who are the legal support staff involved? What determines structure, content, language, and style? How is an opinion ‘reasoned’? What has been the impact of ICTY judgments? This chapter seeks to answer these questions.

Keywords:   drafting, reasoned opinions, judicial decision-making, pronouncement of judgments, length of judgments, finality of judgments, impact of judgments, judges, legal support staff

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