Case No. IT-04-74-PT

I, Jean-Claude Antonetti, Judge 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 ("Tribunal");

NOTING the Statute of the Tribunal;

NOTING Rule 65 ter(C) of the Rules of Procedure and Evidence ("Rules");

NOTING the Order of 9 November 2005;

NOTING the urgency;

CONSIDERING that Rule 65 ter(B) of the Rules provides that the pre-trial Judge shall, under the authority and supervision of the Trial Chamber seised of the case, coordinate communication between the parties during the pre-trial phase and shall ensure that the proceedings are not unduly delayed and shall take any measure necessary to prepare the case for a fair and expeditious trial;

CONSIDERING that Rule 65 ter(C) of the Rules defines the responsibility of the pre-trial Judge with regard to the disclosure of evidence (Rule 66), additional disclosure (Rule 67), THE pre-trial conference (Rule 73 bis) and THE pre-defence conference (Rule 73 ter), and that this Rule indicates another possible area of responsibility of the pre-trial Judge by stating "and with all or part of the functions set forth in Rule 73" and that the Chamber shall entrust this responsibility in a formal decision;

CONSIDERING that Rule 73, entitled "Other Motions", falls under Section 6, entitled "Motions";

CONSIDERING that "other motions" may be diverse and concern issues of the expeditious preparation of the trial and amendments to the terms of release of the six accused;

CONSIDERING that it appears necessary for the purpose of an efficient pre-trial phase to have the Trial Chamber entrust the pre-trial Judge with all the functions set forth in Rule 73;

CONSIDERING that this delegation shall remain under the authority and supervision of the other Judges of the Chamber pursuant to Rule 65 ter(M) which provides: "The Trial Chamber may proprio motu exercise any of the functions of the pre-trial Judge";

CONSIDERING that in an Order of 9 November 2005 the pre-trial Judge seised Trial Chamber II with a request to confirm the responsibility of the pre-trial Judge with regard to motions pursuant to Rule 73 of the Rules;

CONSIDERING that the above-mentioned Order seeks to be more specific, especially with regard to motions on amendments to terms of release;

CONFIRM the order of 9 November 2005 and specify that this delegation includes the review of motions for amendments to the terms of release.

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Judge Jean-Claude Antonetti
Trial Chamber II Pre-trial Judge

Done this tenth day of November 2005
At The Hague
The Netherlands