Prosecutor v Serushago (Omar), Reasons for judgment, Case no ICTR-98-39-A, ICL 704 (ICTR 2000), 6th April 2000, United Nations [UN]; United Nations Security Council [UNSC]; International Criminal Tribunal for Rwanda [ICTR]; Appeals Chamber [ICTR]
The type of error triggered by an allegedly erroneous exercise of the discretion of a Trial Chamber (‘TC’) in sentencing.
What the relevant considerations were for assessing the abuse of judicial discretion.
Whether, in considering sentencing, the TC gave due weight to mitigating circumstances, in particular substantial co-operation with the prosecution, voluntary surrender, guilty plea, and public expression of remorse.
Whether the TC paid due consideration to Rwandan sentencing practice.
Whether the TC erred in exercising its discretion in determining the sentence.