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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;

BEING SEISED of the "Motion to Sever the Appeal of Zejnil Delalic from that of the Other Celebici Defendants” filed on 10 February 1999 (“Motion to Sever Appeals”) and the “Conditional Motion to Dismiss Cross-Appeal” filed the same day (“Conditional Motion to Dismiss Cross Appeal") whereby Zejnil Delalic requests that the appeal as it relates to him be severed from the appeals of the other co-defendants, and further requests that, if severance is granted, his Cross Appeal be dismissed;

NOTING the "Prosecution’s Response to Motion to Sever the Appeal of Zejnil Delalic from that of the Other Celebici Defendants” filed on 26 February 1999;

NOTING "Zejnil Delalic’s Additional Submissions on his Motion to Sever the Appeal of Zejnil Delalic from that of the Other Celebici Defendants” filed on 12 March 1999;

NOTING the Scheduling Order of 19 July 1999;

NOTING the "Submissions of Zejnil Delalic Regarding Severance" filed on 28 July 1999 and the "Prosecution Response to Zejnil Delalic’s Motion to Sever Appeals" filed the same day;

CONSIDERING that the Motion to Sever Appeals is based on the grounds that, inter alia, Zejnil Delalic is in a different position from the other Appellants, in that he was acquitted of all charges against him and believes that the issues in his appeal will be significantly different from those contained in other appeals, and that, having been acquitted, he should obtain a judgment on the prosecution appeal as soon as possible;

CONSIDERING that Zejnil Delalic in his Motion to Sever concedes that, if severance would have no effect upon the time when judgment is given, he does not wish to pursue his application;

CONSIDERING the "Order Reserving Decision on Motion to Sever Appeals" of 26 March 1999 and the "Order on the Request of Zejnil Delalic to Determine his Previously Filed Motion for Severance" of 15 June 1999 whereby the decision on the Motion to Sever the Appeal was reserved until after the Appeals Chamber had received the briefs of the parties defining the grounds of appeal or cross-appeal due to be filed on 2 July 1999;

CONSIDERING that the Appeals Chamber has received the briefs of the parties defining the grounds of appeal or cross-appeal and that they disclose that the issue of command responsibility has been raised in the prosecution appeal against Zejnil Delalic’s acquittal, the prosecution appeal against the acquittal of Hazim Delic and in the appeal by Zdravko Mucic against his conviction;

CONSIDERING therefore that the issue of command responsibility arises in three of the four appeals filed, and since the Appeals Chamber would wish to reserve its judgment upon that issue until it had heard the other appeals upon that issue, severance of the prosecution appeal against Zejnil Delalic’s acquittal from the other appeals would not expedite judgement in that appeal.

HEREBY DISMISSES the Motion to Sever Appeals and the Conditional Motion to Dismiss Cross Appeal.

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

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Judge David Hunt
Presiding Judge

Dated this twenty-ninth day of July 1999
At The Hague,
The Netherlands.

[Seal of the Tribunal]