Case No.: IT-01-42-PT


Judge Liu Daqun, Presiding
Judge Amin Elmahdi
Judge Alphons Orie

Mr. Hans Holthuis

Order of:
27 February 2002








The Office of the Prosecutor:

Ms. Susan Somers

Counsel for the Accused:

Mr. Goran Rodic
Mr. Vladimir Petrovic


TRIAL CHAMBER I ("the 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 1992 ("the Tribunal");

BEING SEIZED of the "Defence Preliminary Motion" filed by the accused Pavle Strugar (the "Accused"), pursuant to Rule 72(A)(i) and (ii) of the Rules of Procedure and Evidence of the International Tribunal (the "Rules"), on 18 January 2002 (the "Motion"), in which the Accused both challenges the jurisdiction of the Tribunal and alleges defects in the form of the indictment;

NOTING the "Prosecutionís Response to Defence Preliminary Motion Challenging Jurisdiction," and the "Prosecutionís Response to 'Defendantís Preliminary Motion Challenging Jurisdiction and Objecting to the Form of the Indictment,'" both filed on 1 February 2002;

NOTING the "Consolidated Corrigenda and Supplemental Sourcing to Prosecutionís Responses to Defence Preliminary Motions Alleging Defects in the Form of the Indictment and Challenging Jurisdiction," filed on 6 February 2002;

NOTING the "Decision on the Defence Request for Leave to Reply and Extension of Time," filed on 6 February 2002, in which the Trial Chamber first, granted leave to the Accused to file a reply by 15 February 2002, pursuant to the Accusedís request contained in the "Defence Request for Leave to Reply and Extension of Time," filed on 5 February 2002 and second, granted leave to the Prosecution to file a response, if any, within seven days from the date any reply was filed;

NOTING the "Defence Reply to the Prosecutionís Response to the Defence Preliminary Motion," filed on 15 February 2002;

NOTING the "Prosecutionís Response to the 'Defence Reply to the Prosecutionís Response to the Defence Preliminary Motion,'" filed on 21 February 2002;

CONSIDERING that, in view of the particular issues raised in the Motion and as argued in the various filings referred to above, it is in the interests of justice for further argument to be heard by the parties;

PURSUANT to Rule 54 of the Rules,


  1. a hearing will take place before the Trial Chamber on Tuesday 12 March 2002, at 2:30pm, during which the Trial Chamber will hear arguments from both Counsel for the Accused and the Prosecution;
  2. the Accused, being entitled to attend this hearing shall file a notice if he wishes to attend, by Tuesday 5 March 2002.


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

Dated this twenty-seventh day of February 2002,
At The Hague,
The Netherlands

Judge Liu Daqun
Presiding Judge

[Seal of the Tribunal]