Unity and division in decision making: the law and practice on individual opinions at the ICTY

This chapter critically addresses the use of separate and dissenting opinions at the ICTY. Its central question is whether the use of individual opinions at the ICTY is in need of reform with a view to improve judicial decision-making and the confidence therein by the public. It first discusses the diverging views on the availability of individual opinions in general. Next it traces the origin and history of individual opinions in international criminal proceedings. At the heart of the chapter is the analysis of 208 individual opinions published by ICTY judges. This practice suffers of a number of flaws and should be improved in a number of areas. The conclusion contains a number of recommendations to that end, which are no longer of much assistance to the ICTY, but could be its legacy on this point for the ICC.