Case no. IT-03-72-I


Judge Jean-Claude Antonetti

Mr. Hans Holthuis

Decision of:
17 November 2003







Office of the Prosecutor:

Mrs Carla Del Ponte

I, Jean-Claude Antonetti, Judge at 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 ("Tribunal"), in my Chambers,

NOTING the Order on Review of Indictment of 17 November 2003 confirming the Indictment against Milan Babic,

NOTING the pleading entitled Presentation of an Indictment for Confirmation, filed confidentially and ex parte on 6 November 2003 in which the Prosecution requests me to issue "an order for the official service of this indictment, upon confirmation, to the Accused by a representative of this Tribunal" and an "order that the President of this Tribunal be notified by the Registry in due course of the date of the service of the indictment to the Accused, so that proceedings pursuant to Rule 62 of the Rules [of Procedure and Evidence of the Tribunal (“Rules”)] can commence”,

NOTING paragraphs (G) and (H)(i) of Rule 47 of the Rules, which set out that "[t]he indictment as confirmed by the Judge shall be retained by the Registrar” and that the Judge may “issue […] any orders as provided in Article 19 of the Statute” of the Tribunal (“Statute”),

NOTING Article 19(2) of the Statute which provides that "the Judge may, at the request of the Prosecutor, issue such orders and warrants for the arrest, detention, surrender or transfer of persons, and any other orders as may be required for the conduct of the trial",

CONSIDERING that, on the basis of the information provided by the Prosecution, the requested orders should be issued,

PURSUANT to Article 19 of the Statute and Rule 47 of the Rules,

ORDER that

  1. the Indictment be officially served on the accused by a representative of the Registry of the Tribunal, in consultation with the Office of the Prosecutor,
  2. the Registrar disclose to the President of the Tribunal in due course the date on which the Indictment is to be served on the accused.


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

Done this seventeenth day of November 2003
At The Hague
The Netherlands

Judge Jean-Claude Antonetti

[Seal of the Tribunal]