AGLC4 Rule 12.2.1: Cases: Parties’ Names

The case name is Prosecutor v followed by the surname of the defendant, even where the decision is styled with a situation name, the definite article or full given names. On appeal the order is reversed where the decision itself puts the defendant first. Only the first defendant or appellant is named and the others are dropped without adding et al.

AGLC4 page 178

Format

Quoted from the Guide, page 178
Prosecutor v Surname of Defendant

A boxed element is filled in with the source's details; everything outside a box is written exactly as shown.

Formatting

  • The whole case name is italic, including the v.
  • The v is lower case with no full stop.
  • Prosecutor is written without The.
  • Only the surname of the defendant is used; given names are left out.
  • Where the decision is an appeal styled that way, the defendant comes first and the case name reads defendant v Prosecutor.
  • Only the first defendant or appellant is named, and et al is not added.
  • Any situation or matter name in the official style is left out.

Examples

Quoted from the Guide, page 178
  1. 9
    Prosecutor v Lubanga (Decision on the Manner of Questioning Witnesses by the Legal Representatives of Victims) (International Criminal Court, Trial Chamber I, Case No ICC-01/04-01/06, 16 September 2009) [6]. [Not: Situation in the Democratic Republic of the Congo in the Case of the Prosecutor v. Thomas Lubanga Dyilo …]
  2. 10
    Simba v Prosecutor (Judgement) (International Criminal Tribunal for Rwanda, Appeals Chamber, Case No ICTR-01-76-A, 27 November 2007) [40]–[41].
  3. 11
    Prosecutor v Prlić (Decision on Defence Motion to Reopen Its Case) (International Criminal Tribunal for the Former Yugoslavia, Trial Chamber III, Case No IT-04-74-T, 3 July 2009). [Not: The Prosecutor v Jadranko Prlić, Bruno Stojić, Slobodan Praljak, Milivoj Petković, Valentin Ćorić, Berislav Pušić … nor Prosecutor v Prlić et al …]

Not

Quoted from the Guide, page 178
  • Situation in the Democratic Republic of the Congo in the Case of the Prosecutor v. Thomas Lubanga Dyilo …
    the situation name, The, a full stop after v and the given names all have to go
  • The Prosecutor v Jadranko Prlić, Bruno Stojić, Slobodan Praljak, Milivoj Petković, Valentin Ćorić, Berislav Pušić …
    only the first defendant is named, by surname, without The
  • Prosecutor v Prlić et al …
    the other defendants are dropped silently, so et al is not added

See also

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Formats, examples, passages, tables and the forms marked Not are quoted from the Australian Guide to Legal Citation (4th ed, Melbourne University Law Review Association, 2018), with the page of the Guide they appear on. Titles, summaries and explanations are our own.