Judge David Hunt, Presiding
Judge Lal Chand Vohrah
Judge Rafael Nieto-Navia
Judge Fausto Pocar
Judge Daqun Liu

Mr. Hans Holthuis

Order of:
9 May 2001







Counsel for the Prosecutor:

Ms. Upawansa Yapa

Counsel for the Defence:

Mr. Mitko Naumovski for Dario Kordic
Mr. Bozidar Kovacic and Mr. Goran Mikulicic for Mario Cerkez


THE APPEALS 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");

BEING SEISED of the following notices of appeal which have been filed from the Judgement of Trial Chamber III in Prosecutor v. Dario Kordic and Mario Cerkez, dated 26 February 2001:

  1. Dario Kordic’s Notice of Appeal dated 12 March 2001
  2. Mario Cerkez’s Notice of Appeal dated 12 March 2001
  3. Prosecution’s Notice of Appeal dated 13 March 2001

NOTING the provisions of Article 21, paragraph 4(c), of the Statute of the International Tribunal ("the Statute"), which guarantees the accused's right "to be tried without undue delay" and Article 20, paragraph 1, of the Statute, which enshrines the right to "a fair and expeditious" trial;

CONSIDERING that the accused’s right to a fair and expeditious trial includes the conduct of appellate proceedings pursuant to Article 25 of the Statute;

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 members a permanent 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;

CONSIDERING that Rule 65ter is a rule that governs proceedings in the Trial Chambers;

NOTING Rule 107 of the Rules which provides that the "rules of procedure and evidence that govern proceedings in the Trial Chambers shall apply mutatis mutandis to proceedings in the Appeals Chamber";

CONSIDERING FURTHER that it is in the interests of justice and of a more expeditious and effectively managed appeal to appoint a Judge to be responsible on behalf of the Appeals Chamber for matters arising prior to the commencement of the hearing of the Appeal ("the pre-appeal Judge");

PURSUANT TO Rules 65 ter and 107 of the Rules;

HEREBY DESIGNATES Judge David Hunt to be the pre-appeal Judge in this Appeal, such appointment to take effect forthwith;

AND ENTRUSTS the pre-appeal Judge with (i) the determination of all pre-appeal motions of a procedural nature under Rules 66 and 73 as they apply to the Appeals Chamber, with the power to refer to the Appeals Chamber any such motions as he considers appropriate, and (ii) the conduct of one or more Status Conferences prior to the hearing of the Appeal, in order to determine, in consultation with the Appeals Chamber, the procedures to be followed in that hearing;


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

David Hunt
Presiding Judge

Done this 9th day of May 2001,
At The Hague,
The Netherlands.

[Seal of the Tribunal]