Judge Wolfgang Schomburg, Presiding
Judge Carmel A. Agius
Judge O-Gon Kwon

Mr. Hans Holthuis

Order of:
28 November 2001







Counsel for the Prosecutor:

Mr. Upawansa Yapa

Counsel for the Defence:

Mr. Howard Morrison


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");

NOTING the "Motion to Determine Issues as Agreed Between the Parties and the Trial Chamber as Being Fundamental to the Resolution of the Accused’s Status Before the Tribunal in Respect of the Jurisdiction of the Tribunal Under Rule 72 and Generally, the Nature of the Relationship Between the OTP and SFOR and the Consequences of any Illegal Conduct Material to the Accused, his Arrest and Subsequent Detention" ("the Motion") filed by the Office of the Prosecutor on 29 October 2001;

NOTING the "Ordonnance du Président relative a la composition d’une chambre de première instance pour une affaire" filed on 23 November 2001 assigning the case of the Prosecutor v. Dragan Nikolic to Trial Chamber II composed of Judges Wolfgang Schomburg (Presiding), Florence Mumba and Carmel A. Agius;

NOTING further the "Ordonnance du Président portant affectation temporaire d’un juge d’une chambre de première instance à une autre" filed on 26 November 2001 deciding, inter alia, that in the case of the Prosecutor v. Dragan Nikolic and for the limited purposes of ruling on the Motion, Judge O-Gon Kwon shall be assigned to Trial Chamber II and that, therefore, the Trial Chamber shall be temporarily composed of Judges Wolfgang Schomburg (Presiding), Carmel A. Agius and O-Gon Kwon;

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

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

PURSUANT TO Rule 65ter of the Rules;

HEREBY DESIGNATES Judge Carmel A. Agius to be pre-trial Judge in this case, such appointment to take effect forthwith;


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

Wolfgang Schomburg
Presiding Judge

Done this 28th day of November 2001
At The Hague,
The Netherlands.

[Seal of the Tribunal]


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