International Case Law Database 50,000+ decisions · 50+ institutions |
||||
Follow @worldcourts |
IN THE TRIAL CHAMBER
Before: Judge Richard May, Presiding
Judge Mohamed Bennouna
Judge Patrick Robinson
Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh
Decision of: 1 March 1999
PROSECUTOR
v.
DARIO KORDIC
MARIO CERKEZ
_______________________________________________________
DECISION ON JOINT DEFENCE MOTION TO DISMISS THE AMENDED INDICTMENT DUE TO THE ILLEGAL FOUNDATION OF THE TRIBUNAL
_______________________________________________________
The Office of the Prosecutor
Mr. Geoffrey Nice
Mr. Rodney Dixon
Counsel for the Accused
Mr. Mitko Naumovski, Mr. Leo Andreis, Mr. David F. Geneson, Mr. Turner T. Smith, Jr.,
and Ms. Ksenija Turkovic, for Dario Kordic
Mr. Bozidar Kovacic, for Mario Cerkez
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 "Joint Defense Motion to Dismiss the Amended Indictment Due to the Illegal Foundation of the Tribunal" filed by counsel for the two accused, Dario Kordic and Mario Cerkez (together "the Defence") on 22 January 1999 ("the Motion"), seeking to have the Amended Indictment dismissed in its entirety, have the case against the accused dropped, and the accused immediately released from custody,
NOTING the Prosecutors Response to the Motion filed by the Office of the Prosecutor ("Prosecution") on 5 February 1999 ("the Response"),
CONSIDERING that the Appeals Chamber in its "Decision on the Defence Motion for Interlocutory Appeal on Jurisdiction" in Prosecutor v. Dusko Tadic addressed all the arguments raised by the Defence in the Motion:
and found that the International Tribunal was properly established by the Security Council under Article 41 of the Charter of the United Nations,
CONSIDERING that the International Criminal Tribunal for Rwanda ("ICTR") in the Prosecutor v. Kanyabashi on a similar application also found that the ICTR had been legally established,
CONSIDERING therefore that the International Tribunal has been created by the Security Council pursuant to Article 41 of Chapter VII of the United Nations Charter, and that it has therefore been properly established by law,
PURSUANT TO Rule 72 of the Rules of Procedure and Evidence of the International Tribunal,
HEREBY DISMISSES THE MOTION.
Done in English and French, the English text being authoritative.
_____________________________
Richard May
Presiding
Dated this first day of March 1999
At The Hague
The Netherlands
[Seal of the Tribunal]
Home | Terms & Conditions | About
Copyright © 1999- WorldCourts. All rights reserved.