Case No. IT-02-65-PT

THE PRESIDENT OF THE INTERNATIONAL TRIBUNAL

Before:
Judge Theodor Meron, President

Registrar:
Mr. Hans Holthuis

Order of:
4 October 2004

THE PROSECUTOR

v.

ZELJKO MEJAKIC
MOMCILO GRUBAN
DUSAN FUSTAR
DUSKO KNEZEVIC

____________________________________

ORDER APPOINTING A TRIAL CHAMBER FOR THE PURPOSES OF DETERMINING WHETHER THE INDICTMENT SHOULD BE REFERRED TO ANOTHER COURT UNDER RULE 11 BIS

____________________________________

The Office of the Prosecutor

Ms. Carla Del Ponte, Prosecutor

Counsel for the Defence:

Mr. Jovan Simic and Mr. Zoran Zivanovic for Zeljko Mejakic
Mr. Branko Lukic for Momcilo Gruban
Mr. Theodore Scudder and Mr. Dragan Ivetic for Dusan Fustar
Mrs. Slobodanka Nedic for Dusko Knezevic

 

I, THEODOR MERON, President 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,

BEING SEISED OF the partially confidential "Request by the Prosecutor Under Rule 11bis," filed on 2 September 2004, in which the Prosecutor requests that this case be referred to the authorities of Bosnia and Herzegovina for trial by the Special War Crimes Chamber of the State Court;

NOTING that the indictments against all four accused have been confirmed;

NOTING that under Rule 11bis (A)(i) of the Rules of Procedure and Evidence, after an indictment against an accused has been confirmed, the President of the Tribunal may appoint a Trial Chamber for the purpose of referring a case to the authorities of a State in whose territory the crime was committed;

NOTING the Prosecutionís submission that in the present case, the crimes charged in the indictment were committed on the territory of Bosnia and Herzegovina;

NOTING my "Preliminary Order In Response to the Prosecutorís Request Under Rule 11bis", issued on 22 September 2004, the "Supplementary Motion by the Prosecutor Under Rule 11bis" filed on 29 September 2004, and my "Order Transferring a Motion Pursuant to Rule 11bis" issued on 4 October 2004;

NOTING the composition of the Trial Chambers of the Tribunal, as set out in document IT/228, issued on 7 June 2004;

HEREBY APPOINT, effective immediately, the following Judges to constitute the Trial Chamber for the purpose of determining whether this case should be referred to the authorities of Bosnia-Herzegovina pursuant to Rule 11bis:

Judge Alphons Orie

Judge O-Gon Kwon

Judge Kevin Parker

 

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

Dated this 4th day of October 2004,
At The Hague,
The Netherlands.

_________________
Judge Theodor Meron
President

[Seal of the Tribunal]