WorldCourts: International Case Law Database   International Case Law Database
50,000+ decisions · 50+ institutions
 
     
 
Foca, Prosecutor v. Kunarac et al, Decision on Defence Preliminary Motion on the Form of the Amended Indictment, IT-96-23 & 23/1 (ICTY TC, Oct. 21, 1998)

IN THE TRIAL CHAMBER

Before: Judge Florence Ndepele Mwachande Mumba, Presiding

Judge Antonio Cassese

Judge Richard May

Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh

Decision of: 21 October 1998

 

PROSECUTOR

v.

DRAGOLJUB KUNARAC

_______________________________________________________________________________

DECISION ON DEFENCE PRELIMINARY MOTION
ON THE FORM OF THE AMENDED INDICTMENT

_______________________________________________________________________________

Office of the Prosecutor:

Mr. Franck Terrier
Ms. Peggy Kuo
Ms. Hildegard Uertz-Retzlaff

Counsel for the Accused:

Mr. Slavisa Prodanovic

 

 

THIS TRIAL CHAMBER of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 ("the International Tribunal"),

BEING SEISED of the "Defence Preliminary Motion on the Form of the Amended Indictment", filed on 6 October 1998 ("the Preliminary Motion"), and the "Prosecutor’s Response to Defence Preliminary Motion on the Form of the Amended Indictment" ("the Response"), filed on 13 October 1998,

CONSIDERING that, in general, indictments contain allegations that must be proved at trial,

CONSIDERING that the background information contained in paragraphs 1.1 to 1.10 of the Amended Indictment is relevant to place in context the alleged actions against the accused regarding the victims,

CONSIDERING that the request in the Preliminary Motion that the Prosecutor be instructed to "describe precisely the acts, the time and place of perpetration of the acts of the accused, and in accordance therewith to define the legal qualifications" is not in accordance with the standard set out in Rule 47(C) of the Rules of Procedure and Evidence ("the Rules"),

NOTING that the assertions in the Preliminary Motion relating to sexual assault are at variance with Rule 96 of the Rules,

NOTING FURTHER that criminal responsibility of a superior for rape is not excluded under Article 7(3) of the Statute of the International Tribunal,

CONSIDERING that the rest of the assertions in the Preliminary Motion are contentious issues requiring decisions on the merits of the evidence at trial,

PURSUANT to Rule 72 of the Rules,

HEREBY dismisses the Preliminary Motion.

 

Done in both English and French, the English version being authoritative.

 

_______________________________

Florence Ndepele Mwachande Mumba

Presiding

Dated this twenty-first day of October 1998

At The Hague

The Netherlands

[Seal of the Tribunal]

   

Home | Terms & Conditions | About

Copyright © 1999- WorldCourts. All rights reserved.