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Lasva Valley, Prosecutor v. Kupreskic et al., Order Appointing a Pre-Appeal Judge, IT-95-16-A (ICTY AC, Mar. 14, 2001)


Judge Patricia Wald, Presiding
Judge Lal Chand Vohrah
Judge Rafael Nieto-Navia
Judge Fausto Pocar
Judge Liu Daqun

Mr. Hans Holthuis

Order of:
14 March 2001







Counsel for the Prosecutor:

Mr. Upawansa Yapa

Counsel for the Defence:

Mr. Ranko Radovic, Mr. Tomislav Pasaric for Zoran Kupreškic
Ms. Jadranka Slokovic-Glumac, Ms. Desanka Vranjican for Mirjan Kupreskic
Mr. Anthony Abell, Mr. John Livingston for Vlatko Kupreskic
Mr. Luka Šušak, Ms. Goranka Herljevic for Drago Josipovic
Mr. Petar Pavkovic, Mr. Mirko Vrdoljak for Vladimir Šantic


THE APPEALS 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 ("International Tribunal");

BEING SEISED of the following notices of appeal which have been filed from the Judgement of Trial Chamber I in the Prosecutor v. Kupreškic et al, dated 14 January 2000:

  1. Vladimir Šantic’s Notice of Appeal dated 24 January 2000
  2. Vlatko Kupreskic’s Notice of Appeal dated 26 January 2000
  3. Drago Josipovic’s Notice of Appeal dated 26 January 2000
  4. Zoran Kupreškic’s Notice of Appeal dated 27 January 2000
  5. Mirjan Kupreškic’s Notice of Appeal dated 28 January 2000
  6. Prosecution’s Notice of Appeal dated 31 January 2000

NOTING the provisions of Article 20, paragraph 1, of the Statute of the International Tribunal ("Statute") which enshrine the right to "a fair and expeditious" trial and Article 21, paragraph 4(c), of the Statute which guarantees the accused's right "to be tried without undue delay";

CONSIDERING that the accused’s right to a fair and expeditious trial includes the conduct of appellate proceedings pursuant to Article 25 of the Statute;

NOTING Rule 65ter of the Rules of Procedure and Evidence of the International Tribunal ("Rules") which provides that a Trial Chamber shall "designate from among its members a Judge responsible for the pre-trial proceedings" ("pre-trial Judge");

NOTING the powers of a pre-trial Judge as set out in Rule 65ter of the Rules;

CONSIDERING that Rule 65ter is a rule that governs proceedings in the Trial Chambers;

NOTING Rule 107 of the Rules which provides that the "rules of procedure and evidence that govern proceedings in the Trial Chambers shall apply mutatis mutandis to proceedings in the Appeals Chamber";

NOTING the "Order Appointing a Pre-Appeal Judge" issued by the Appeals Chamber on 16 May 2000 which designated Judge Mohamed Bennouna with responsibility on behalf of the Appeals Chamber for matters arising prior to the commencement of the hearing of the appeal ("pre-appeal Judge");

CONSIDERING that the appointment of Judge Mohamed Bennouna as pre-appeal Judge ceased upon his departure as Judge of the International Tribunal on 28 February 2001;

NOTING the "Order of the President Assigning a Judge to the Appeals Chamber" issued in French on 14 March 2001 appointing Judge Lui Daqun as a member of the Appeals Chamber in the appeal of Prosecutor v. Kupreškic et al;

CONSIDERING that it is in the interests of justice and of a more expeditious and effectively managed appeal to appoint another pre-appeal Judge;

PURSUANT TO Rules 65 ter and 107 of the Rules;

HEREBY DESIGNATES Judge Patricia Wald to be the pre-appeal Judge in this appeal, such appointment to take effect forthwith;

AND ENTRUSTS the pre-appeal Judge with (i) the determination of all pre-appeal motions of a procedural nature under Rule 73 as it applies to the Appeals Chamber, with the power to refer to the Appeals Chamber any such motions as she considers appropriate, and (ii) the conduct of one or more Status Conferences prior to the hearing of the Appeal, in order to determine, in consultation with the Appeals Chamber, the procedures to be followed in that hearing.


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

Patricia Wald
Presiding Judge

Done this 14th day of March 2001,
At The Hague,
The Netherlands.

[Seal of the Tribunal]


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