Judge Gabrielle Kirk McDonald, Presiding
Judge Lal Chand Vohrah
Judge Patrick Robinson

Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of:
28 October 1999







The Office of the Prosecutor:

Mr. Upawansa Yapa
Ms. Brenda Hollis
Mr. Michael Keegan
Ms. Ann Sutherland

Counsel for Dusko Tadic:

Mr. William Clegg
Mr. John Livingston


THIS TRIAL 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 International Tribunal");

NOTING the Order Remitting Sentencing to a Trial Chamber, issued on 10 September 1999, wherein the Appeals Chamber decided to "remit the matter of sentencing the Appellant, in respect of the Counts referred to in sub-paragraphs (4) and (5) of the disposition of the Judgement, to a Trial Chamber to be designated by the President of the International Tribunal";

NOTING the subsequent Order of the President Assigning Judges to a Trial Chamber, issued on 15 September 1999, wherein this Trial Chamber was appointed to decide on the appropriate sentence to be imposed on Dusko Tadic in relation to the above-mentioned Counts;

NOTING the sentencing hearing held on 15 October 1999 and all written submissions filed by the Parties so far;

CONSIDERING Article 24, paragraph 1, of the Statute of the International Tribunal, which provides that the Trial Chamber in determining the terms of imprisonment shall have recourse to the general practice regarding prison sentences in the courts of the former Yugoslavia;

CONSIDERING Sub-rule 101(B)(iii) of the Rules of Procedure and Evidence of the International Tribunal, which requires the Trial Chamber, in determining the appropriate sentence, to take into account that same general practice;

CONSIDERING the need to be further assisted by the Parties with regard to the application of the above-mentioned provisions;

REQUESTS the Parties to file written briefs by 4 November 1999 setting out their respective views, supported with relevant documentation, in respect of the general practice regarding prison sentences in the courts of the former Yugoslavia, both at the time of the commission of the offences for which Dusko Tadic now stands to be sentenced and at the present time, specifying the maximum penalty available for each of these offences.


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

Gabrielle Kirk McDonald
Presiding Judge

Dated this twenty-eighth day of October 1999
At The Hague
The Netherlands

[Seal of the Tribunal]