Krajina, Prosecutor v. Brdanin, Order Determining Competent Trial Chamber in a Case of Contempt, IT-99-36 (ICTY Pres., Apr. 24, 2003)

Case: IT-99-36-T

PRESIDENT OF THE INTERNATIONAL TRIBUNAL

Before:
Judge Theodor Meron, President

Registrar:
Mr. Hans Holthuis

Order of:
24 April 2003

PROSECUTOR
v.
RADOSLAV BRDJANIN

_________________________________

ORDER DETERMING COMPETENT TRIAL CHAMBER IN A CASE OF CONTEMPT

_________________________________

Counsel for the Prosecutor:

Ms. Joanna Korner
Mr. Andrew Cayley

Counsel for the Defence:

Mr. John Ackerman

I, THEODOR MERON, President 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"),

NOTING the "Order Concerning Allegations Against Milka Maglov" issued by Trial Chamber II on 15 April 2003 (“Order”) in which the Trial Chamber found that there are sufficient grounds to proceed against Milka Maglov, co-counsel for Radoslav Brdjanin until 9 April 2003, for contempt on the basis of Rules 77(A)(iv) and 77(A)(ii) of the Rules of Procedure and Evidence of the International Tribunal ("Rules");

CONSIDERING that in the Order the Trial Chamber "refers this matter to the President to designate a Trial Chamber to proceed according to Rule 77(D)(ii)";

CONSIDERING that under Rule 77(D)(ii) of the Rules, if a Chamber considers that there are sufficient grounds to proceed against a person for contempt, that Chamber may issue an order in lieu of an indictment and either direct the amicus curiae who had investigated the alleged contempt, to prosecute the matter or prosecute the matter itself;

CONSIDERING therefore that unless there are exceptional circumstances, for instance ones in which the impartiality of the Trial Chamber may be called into question warranting the assignment of the case of contempt to a Trial Chamber different from the one in which the contempt allegedly occurred, it is for the same Trial Chamber seised of the case in which the contempt allegedly occurred to take appropriate action and resolve the matter;

CONSIDERING that in this case there does not seem to be any exceptional circumstance warranting the appointment of a Trial Chamber different from the one seised of the case in which the contempt has allegedly occurred;

HEREBY CONFIRM that the Trial Chamber, as composed for the case of Prosecutor v. Radoslav Brdjanin, is competent under Rule 77(D)(ii) of the Rules to adjudicate the alleged contempt against Milka Maglov.

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

Dated this 24^th of April 2003,
At The Hague,
The Netherlands.

___________________________
Theodor Meron
President

[Seal of the Tribunal]

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