[personal profile] a_kleber
In this case, the Majority has not identified any error of law “arising from the application of an incorrect legal standard”. It has simply identified an error of law in the Trial Chamber’s failure to provide a reasoned opinion, and such a failure is clearly not an error of law arising from the application of an incorrect legal standard. Thus, as I see it, without identifying any other error arising from the application of an incorrect legal standard, the Majority is simply not entitled to conduct a de novo review of the evidence on the basis of the Trial Chamber’s failure to provide a reasoned opinion.

Carla Del Ponte vs Slobodan Despot (fr.radio)
ICTY Gotovina appeals verdict (pdf)

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