Case No. IT-96-23/2-PT

IN A SPECIALLY APPOINTED CHAMBER

Before:
Judge Alphons Orie, Presiding
Judge O-Gon Kwon
Judge Kevin Parker

Registrar:
Mr. Hans Holthuis

Decision:
9 February 2005

PROSECUTOR

v.

RADOVAN STANKOVIC

______________________________________________

SCHEDULING ORDER FOR A HEARING ON REFERRAL OF A CASE UNDER RULE 11BIS

______________________________________________

The Office of the Prosecutor:

Carla del Ponte
Jan Wubben

Counsel for the Accused:

Milenko Radovic

The Government of Bosnia and Herzegovina

per: The Embassy of Bosnia and Hercegovina to The Netherlands, The Hague

 

THIS SPECIALLY APPOINTED CHAMBER ("the 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 ("the Tribunal");

BEING SEIZED OF the Prosecutorís Request of 21 September 2004 for referral of the present case by a Trial Chamber under Rule 11bis of the Rules of Procedure and Evidence ("the Rules") to the State of Bosnia and Herzegovina, after having given, if it deems necessary, the opportunity to the authorities of Bosnia and Herzegovina to be heard on the Request and the conditions for the referral of this case;

NOTING the "Defenceís Motion in Accordance Rule 11bis(B)," filed on 22 December 2004 whereby the Defence raises a number of objections relating to a possible referral of the case to the government of Bosnia and Herzegovina;

NOTING the "Chamberís Decision for Further Information in the Context of the Prosecutorís Request under Rule 11bis" dated 9 February 2005 ordering the Parties and inviting the Government of Bosnia and Herzegovina to submit their views on the gravity of the crimes and the level of responsibility of the Accused, as well as on the substantive and procedural law that would be applicable to the case should it be referred to the government of Bosnia and Herzegovina;

PURSUANT to Rules 11bis and 74 of the Rules;

HEREBY SCHEDULES A HEARING to commence on 3 March 2005 at 14.15 and to continue, if need be, on 4 March 2005 at 14.15 in a courtroom designated by the Registry;

INVITES the Government of Bosnia and Herzegovina to attend the hearing and, should it wish, to present additional oral submissions.

REQUESTS the Registrar to transmit this order immediately to the Government of Bosnia and Herzegovina.

 

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

Done this ninth day of February 2005
At The Hague,
The Netherlands

__________________
Judge Alphons Orie,
Presiding Judge

[Seal of the Tribunal]