The Trial Chambers pronounce judgements and impose sentences on persons convicted of serious violations of international humanitarian law that fall within the Tribunal’s jurisdiction. After the parties complete the presentation of their case, the Presiding Judge declares the hearing closed, and the Trial Chamber deliberates in private.
• The Trial Chamber votes separately on each charge contained in the indictment, and when two or more accused are tried together, separate findings are made with respect to each accused. A finding of guilt may only be reached when a majority of the Trial Chamber finds that guilt has been proved beyond a reasonable doubt.
• When there is no evidence capable of supporting a conviction on any count, the Trial Chamber enters a judgement of acquittal, and the accused is released immediately. When the Trial Chamber finds the accused guilty of a crime, a conviction is entered and a sentence is imposed.
• If the Trial Chamber finds the accused guilty on one or more of the charges contained in the indictment, it will impose a sentence in respect of each finding of guilt, indicating whether the sentences should be served consecutively or concurrently. The Trial Chamber also has the power to impose a single sentence that reflects the totality of the criminal conduct of the accused.
• The Prosecutor and Defence may submit any relevant information that may assist the Trial Chamber in determining an appropriate sentence. When exercising its discretion to determine an appropriate sentence, the Trial Chamber must take into account the gravity of the offence, the individual circumstances of the convicted person, any aggravating or mitigating circumstances, and the general practice regarding prison sentences in the courts of the former Yugoslavia.
• The Trial Chamber must also take into account the extent to which any penalty imposed on the convicted person by a national court for the same act has already been served. The maximum sentence that a Trial Chamber may impose is life imprisonment.
• Judgements are delivered in public, in the presence of the accused, and are always accompanied by a reasoned written opinion. Judges may also submit dissenting or separate opinions which are appended to the judgement. If an accused is acquitted, upon application by the Prosecution and after hearing the parties, the Trial Chamber may exercise its discretion to order the continued detention of the accused until the appeal judgement is rendered.
• The Appeals Chamber hears appeals from either a person convicted by a Trial Chamber or from the Prosecutor. Either party can appeal any element of the Trial Chamber's judgement - an alleged error on a question of law or an alleged error of fact. A party may submit additional evidence on appeal if the Appeals Chamber finds that the evidence was not available at trial, and is relevant, credible and could have been a decisive factor in reaching the decision at trial.
• The ability of the Appeals Chamber to receive additional evidence on appeal has been particularly important due to the fact that many of the archives holding relevant material in the former Yugoslavia were not made available to the ICTY until some years into its proceedings. Upon examination of the submissions by the parties, the Appeals Chamber will render its judgement by majority. The Appeals Chamber can affirm, reverse or revise the Trial Chamber’s decision. Under appropriate circumstances, the Appeals Chamber may also order a retrial.