Case No. IT-96-23 & 23/1-A


Judge Claude Jorda, presiding
Judge Vohrah
Judge Shahabuddeen
Judge Nieto-Navia
Judge Liu

Mr. Hans Holthuis

Decision of:
8 June 2001



Dragoljub KUNARAC
Radomir KOVAC




The Office of the Prosecutor:

Mr. Upawansa Yapa

Defence Counsel:

Mr. Slavisa Prodanovic and Ms. Maja Pilipovic for Dragoljub Kunarac
Mr. Momir Kolesar and Mr. Vladimir Rajic for Radomir Kovac
Mr. Goran Jovanovic and Ms. Jelena Lopicic for Zoran Vukovic


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 (hereinafter "the International Tribunal"),

NOTING the Notices of appeal filed by Counsel for Zoran Vukovic and Radomir Kovac on 6 March 2001 and by Counsel for Dragoljub Kunarac on 7 March 2001,

NOTING the provisions of Article 21(4)(c) of the Statute of the International Tribunal which guarantee to the accused the right "to be tried without undue delay" and Article 20(1) which establishes the right to a "fair and expeditious" trial,

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

NOTING the powers conferred upon the pre-trial Judge under Rule 65ter of the Rules,

CONSIDERING that Rule 65ter of the Rules governs proceedings in the Trial Chambers,

CONSIDERING that Rule 107 of the Rules of Procedure and Evidence stipulates that "the rules of procedure and evidence that govern proceedings in the Trial Chambers shall apply mutatis mutandis to proceedings in the Appeals Chamber"

CONSIDERING that to designate a Judge vested with the power to deal with problems arising before the commencement of the appeals hearing on behalf of the Appeals Chamber (hereinafter "the pre-appeal Judge") is in keeping with the proper administration of justice and the expeditiousness of the appeals proceedings,


DESIGNATES Judge Mohamed Shahabuddeen as pre-appeal Judge in the case The Prosecutor v. Dragoljub Kunarac, Radomir Kovac and Zoran Vukovic, with immediate effect,

CONFERS upon the pre-appeal Judge the power (i) to take decisions on procedural requests submitted in the pre-appeal phase pursuant to Rule 73 of the Rules as applied by the Appeals Chamber, (ii) to transmit to the Appeals Chamber the motions he considers appropriate, and (iii) to hold one or several status conferences prior to the appeals hearing in order to determine, in consultation with the Appeals Chamber, the proceedings to follow during the said hearing.


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

Done this eighth day of June 2001
At The Hague
The Netherlands

Judge Claude Jorda
Presiding Judge
Appeals Chamber

[Seal of the Tribunal]


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