Before: Judge Mohamed Shahabuddeen, Presiding

Judge Antonio Cassese

Judge Wang Tieya

Judge Rafael Nieto-Navia

Judge Florence Ndepele Mwachande Mumba

Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of: 15 October 1998






The Office of the Prosecutor:

Ms. Brenda Hollis
Mr. Michael Keegan

Counsel for the Appellant:

Mr. Milan Vujin
Mr. John Livingston


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 ("International Tribunal"),

BEING SEISED OF a motion filed by the Prosecutor on 19 January 1998 entitled "Motion By The Prosecution (Cross-Appellant) Concerning Defects In The Brief Filed By The Appellant On 12 January 1998" ("the Motion re Defects") seeking, first, an order that certain material be disregarded for the purposes of these proceedings, subject to order of this Chamber, second, an order that the Appellant be required to file a further notice as to the grounds of appeal and that any portions of the Appellant’s Brief On Appeal Against Opinion And Judgment Of 7 May 1997 ("Appellant’s Brief") not identified in such further notice be disregarded for the purposes of these proceedings and, third, an order that time for filing the Cross-Appellant’s response to the Appellant’s Brief not run until the filing of such further notice,

NOTING the Order of the Appeals Chamber pronounced orally on 22 January 1998, suspending the normal appeal sequences until the determination by the Appeals Chamber of a motion for the admission of additional evidence ("the Motion"),

NOTING the Order of the Appeals Chamber of 19 August 1998 accepting the Cross-Respondent’s "Brief Of Argument On The Brief Of Argument Of The Prosecution (Cross-Appellant) Of January 12, 1998" as having been timely filed in accordance with Rule 112 of the Rules of Procedure and Evidence of the International Tribunal ("the Rules"),

NOTING the Decision on the Motion issued by the Appeals Chamber today,

CONSIDERING that the Decision on the Motion disposes of the Cross-Appellant’s first request that certain material be disregarded for the purposes of these proceedings,

PURSUANT to Rules 112, 113 and 127 of the Rules,

HEREBY ORDERS as follows:

    1. the Appellant shall file his response, if any, to the Motion re Defects no later than Friday 23 October 1998, following which the Appeals Chamber will resume consideration of the Motion re Defects and rule thereon;
    2. subject to further order, the Respondent shall file its brief of argument and authorities pursuant to Rule 112 not earlier than Friday 23 October 1998 but not later than Monday 16 November 1998;
    3. the Appellant and the Cross-Appellant may both file a brief in reply pursuant to Rule 113 no later than Tuesday 1 December 1998;
    4. the Appeals Chamber will issue a Scheduling Order setting a date for hearing of the appeal after the expiry of the above time-limits.

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


Mohamed Shahabuddeen


Dated this fifteenth day of October 1998

At The Hague

The Netherlands

[Seal of the Tribunal]