The Appeals Chamber finds that the Trial Chamber’s reference to a “high degree of probability” in one of the footnotes to the section on standard of proof is confusing and not in accordance with the standard of proof of a criminal trial. In a footnote, the Trial Chamber specified that it interpreted the “beyond reasonable doubt” standard as a “high degree of probability”, but not as “certainty or proof beyond a shadow of doubt”.ĥ7. Moreover, the Trial Chamber recalled that, according to Rule 87(A) of the Rules, it is for the Prosecution to prove beyond reasonable doubt that the accused is guilty. In its Judgement, the Trial Chamber clearly referred to the principle laid down in Article 21(3) of the Statute that an accused must be considered innocent until proven guilty. At the conclusion of the case, the accused is entitled to the benefit of the doubt as to whether the offence has been proved.ĥ6.

The Appeals Chamber observes that for a finding of guilt on an alleged crime, a reasonable trier of fact must have reached the conclusion that all the facts which are material to the elements of that crime have been proven beyond reasonable doubt by the Prosecution.

The Appeal Chamber dismissed this ground of appeal but provided guidance as to the applicable standard.ĥ5. Martić contested the Trial Chamber’s use of the term “high degree of probability” as being the applicable standard of proof. Please help us improve the service by using our feedback form. The CLD is a living tool and its content is being regularly updated. For exact numbering of footnotes, refer to full documents. Please note that the CLD does not include confidential decisions and restatements of established case law and does not necessarily contain all notable rulings by the Appeals Chambers of the ICTR, the ICTY, and the IRMCT. In addition, refined searches in all fields of the database can be conducted through the “ Advanced Search” feature.

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Prove without a shadow of doubt