Case: IT-95-13/1-PT

THE PRESIDENT OF THE INTERNATIONAL TRIBUNAL

Before:
Judge Theodor Meron, President

Registrar:
Mr. Hans Holthuis

Order of:
10 February 2005

THE PROSECUTOR

v.

Mile MRKSIC
Miroslav RADIC
Veselin SLJIVANCANIN

________________________________________

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

________________________________________

Counsel for the Prosecutor:

Carla Del Ponte, Prosecutor

Counsel for the Defence:

Mr Miroslav Vasic for Mile Mrksic
Mt Borivoje Borovic and Ms Mira Tapuskovic for Miroslav Radic
Mr Novak Lukic and Momcilo Bultovic for Veselin Sljivancanin

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 ("International Tribunal"),

NOTING the "Motion by the Prosecutor Under Rule 11bis for Referral of the Indictment" ("Motion") filed on 8 February 2005, in which the Prosecutor requests the President of the Tribunal pursuant to Rule 11bis (A) to appoint a Trial Chamber to review a request that the case of Mile Mrksic, Miroslav Radic and Veselin Sljivancanin be referred to the authorities of the Republic of Croatia ("Croatia") or the State Union of Serbia and Montenegro ("Serbia and Montenegro") for trial by an appropriate court within one of those States;

NOTING that the indictment against the accused has 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, in which the accused was arrested, or having jurisdiction and being willing and adequately prepared to accept such a case;

NOTING the Prosecutionís submission that the crimes alleged in the indictment against the accused took place in the territory of Croatia and that the accused Mile Mrksic was arrested in Serbia and Montenegro, and the accused Miroslav Radic and Veselin Sljivancanin, both residents of Belgrade in Serbia, voluntarily surrendered to the Tribunal;

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 Croatia or the authorities of Serbia and Montenegro 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 10th day of February 2005,
At The Hague,
The Netherlands.

______________________
Judge Theodor Meron
President

[Seal of the Tribunal]