IN THE TRIAL CHAMBER
Before: Judge Richard May
Judge Mohamed Bennouna
Judge Patrick Robinson
Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh
Decision of: 12 January 1999
PROSECUTOR
v.
DARIO KORDIC
MARIO CERKEZ
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DECISION ON DEFENCE MOTION TO DISMISS
___________________________________________________________
The Office of the Prosecutor:
Mr. Geoffrey Nice
Ms. Susan Somers
Mr. Patrick Lopez-Terres
Mr. Kenneth Scott
Counsel for the Accused:
Mr. Mitko Naumovski, Mr. Leo Andreis, Mr. Turner Smith, Mr. David Geneson and
Mr. Ksenija Durkovic, for Dario Kordic
Mr. Bozidar Kovacic, for Mario Cerkez
THIS TRIAL 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 ("International Tribunal"),
BEING SEISED of the Defence "Motion to Dismiss" filed jointly by the Defence on 16 November 1998,
NOTING the "Prosecutor’s Response to Defence Motion to Dismiss" filed by the Office of the Prosecutor ("Prosecution") on 19 November 1998,
NOTING that, at a status conference held on 8 January 1999, the Defence acknowledged that, in light of other decisions made by the Trial Chamber, the Motion to Dismiss was de facto denied but requested that such determination be formally placed on record,
PURSUANT TO Rule 54 of the Rules of the International Tribunal,
HEREBY REJECTS THE MOTION TO DISMISS.
Done in both English and French, the English text being authoritative.
_______________________________
Richard May
Presiding
Dated this twelfth day of January 1999
At The Hague,
The Netherlands
[The seal of the Tribunal]