Saturday, November 27, 2010

Dictum of the day, or on history of adjudication

There may be many situations in which previous decisions of a judicial officer on issues of fact and law may generate an expectation that he is likely to decide issues in a particular case adversely to one of the parties. But this does not mean either that he will approach the issues in that case otherwise than with an impartial and unprejudiced mind in the sense in which that expression is used in the authorities or that his previous decisions provide an acceptable basis for inferring that there is a reasonable apprehension that he will approach the issues in this way.

Prosecutor v. Radoslav Brđanin and Talić, IT-99-36/l-PT, Decision on Application by Momir Talić for the Disqualification and Withdrawal of a Judge, ICTY, 18 May 2000, para. 18.

No comments: