Case No.: IT-98-33-A

IN THE APPEALS CHAMBER

Before:
Judge Theodor Meron, Presiding
Judge Fausto Pocar
Judge Mohamed Shahabuddeen
Judge Mehmet Güney
Judge Wolfgang Schomburg

Registrar:
Mr. Hans Holthuis

Decision of:
19 November 2003

PROSECUTOR

v.

RADISLAV KRSTIC

_______________________________________________________

DECISION TO SUMMON A WITNESS PROPRIO MOTU

_______________________________________________________

Counsel for the Prosecutor:

Mr. Norman Farrell

Counsel for the Defence:

Mr. Nenad Petrusic
Mr. N. Sepenuk

 

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,

NOTING the evidence given by Mr. Miroslav Deronjic in the case of Prosecutor v. Nikolic, No. IT-02-60/1-S;

CONSIDERING that Mr. Deronjic gave evidence that Radovan Karadzic, President of the Republika Srpska and Supreme Commander of its armed forces, told him shortly before the Bosnian Serbís military offensive against Srebrenica began that the Muslims in Srebrenica "must be killed" 1;

CONSIDERING that this evidence is relevant to the issue of whether President Karadzic intended to destroy the Bosnian Muslims in Srebrenica;

CONSIDERING that the evidence is also relevant to the issue of whether this intent was shared by, or known to, other senior military and civilian leaders of the Republika Srpska;

HEREBY DECIDES, pursuant to Rule 98, sentence 2, and Rule 107 of the Rules of Procedure and Evidence of the Tribunal, to summon Mr. Deronjic as a witness proprio motu;

AND ORDERS that Mr. Deronjic shall be present at the evidentiary hearing on 21 November 2003 and (if needed) on 24 November 2003;

AND FURTHER ORDERS that if Mr. Deronjic so wishes, his counsel may be present during his testimony.

 

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

___________
Judge Theodor Meron
Presiding

Dated this 19th day of November 2003
At The Hague,
The Netherlands.

[Seal of the Tribunal]


1. Prosecutor v. Nikolic, IT-02-60/1-S, Sentencing Proceedings, 28 October 2003, Testimony of Miroslav Deronjic, Transcripts of the Proceedings at 1565.