Case No. IT-01-47-PT

IN TRIAL CHAMBER II

Before:
Judge Carmel Agius
Judge Florence Ndepele Mwachande Mumba
Judge Jean-Claude Antonetti

Registrar:
Mr Hans Holthuis

Decision of:
28 November 2003

THE PROSECUTOR

v.

ENVER HADZIHASANOVIC
AMIR KUBURA

____________________________________

ORDER

_________________________________

The Office of the Prosecutor:

Mr Ekkehard Withopf
Mr David Re

Defence Counsel:

Ms Edina Residovic and Mr Stéphane Bourgon for Enver Hadzihasanovic
Mr Fahrudin Ibrisimovic and Mr Rodney Dixon for Amir Kubura

 

I, Jean-Claude Antonetti, Judge 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 ("Tribunal"),

BEING SEISED of the Prosecution motion requesting the pre-trial Judge to order Defence Counsel to file written submissions pursuant to Rule 65 ter(H) of the Rules of Procedure and Evidence of the Tribunal ("Rules") dated 27 November 2003 (Motion Requesting the Pre-Trial Judge to Order Defence Counsel to File Written Submissions Pursuant to Rule 65 ter(H) as to Agreement and Disagreement on Matters of Law and Fact),

NOTING the pre-trial conference of 28 November 2003 held in accordance with Rule 73 bis of the Rules,

NOTING the proceedings at the pre-trial conference,

CONSIDERING that, during proceedings at the pre-trial conference, the Defence orally notified Trial Chamber II that the Prosecutionís proposals were being examined and that further study was required before a final response was given regarding the points of agreement and disagreement on matters of law and fact,

CONSIDERING that, pursuant to Rule 65 ter(H) of the Rules, "the pre-trial Judge shall record the points of agreement and disagreement on matters of law and fact. In this connection, he or she may order the parties to file written submissions with either the pre-trial Judge or the Trial Chamber,"

CONSIDERING that the parties must be called upon to meet afresh in order to review the points of agreement and disagreement on matters of law and fact,

PURSUANT to Rule 65 ter of the Rules,

HEREBY ORDER Counsel for the two Accused to submit to the Trial Chamber their final written submissions on the points of agreement and disagreement on matters of law and fact, pursuant to Rule 65 ter(H) of the Rules, by no later than 17:00 hours on Monday, 1 December 2003.

 

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

Done this twenty-eighth day of November 2003
At The Hague
The Netherlands

___________
Pre-Trial Judge
Judge Jean-Claude Antonetti