THIS BENCH of 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 ("Bench" and "International Tribunal" respectively),

BEING SEIZED OF the "Accused Dario Kordic’s Application for Leave to Pursue an Interlocutory Appeal of a February 21, 2000 Ruling of the Trial Chamber to Admit into Evidence a Prior Unsworn, Uncorroborated Witness Statement whose Maker Mr. Kordic could neither Confront nor Cross-examine", filed on 28 February 2000 ("Application");

BEING SEIZED OF the "Accused Mario Cerkez’s Notice of joinder in Accused Dario Kordic’s Application for Leave to Pursue an Interlocutory Appeal of a February 21, 2000 Ruling of the Trial Chamber to Admit into Evidence a Prior Unsworn, Uncorroborated Witness Statement whose Maker Mr. Kordic could neither Confront nor Cross-examine", filed on 29 February 2000 ("Notice");

NOTING the oral decision of Trial Chamber III rendered on 21 February 2000, granting a request by the Office of the Prosecutor ("Prosecution") to admit the Statement of Mr. Haskic into evidence ("Impugned Decision and Statement respectively");

NOTING the "Prosecutor’s Response to Accused Dario Kordic’s Application for Leave to Pursue an Interlocutory Appeal of a February 21, 2000 Ruling of the Trial Chamber to Admit into Evidence a Prior Unsworn, Uncorroborated Witness Statement whose Maker Mr. Kordic could neither Confront nor Cross-examine", filed on 9 March 2000;

NOTING the "Reply to the Prosecutor’s Response to the Accused Dario Kordic’s Application for Leave to Pursue an Interlocutory Appeal of a February 21, 2000 Ruling of the Trial Chamber to Admit into Evidence a Prior Unsworn, Uncorroborated Witness Statement whose Maker Mr. Kordic could neither Confront nor Cross-examine", filed on 13 March 2000;

CONSIDERING that the Application for Leave to Appeal is filed pursuant to Rule 73 of the Rules of Procedure and Evidence of the International Tribunal ("Rules") which provides, inter alia, that applications "for leave to appeal shall be filed within seven days of the filing of the impugned decision" and allows for interlocutory appeals in the following two instances:

1. if the decision impugned would cause such prejudice to the case of the party seeking leave as could not be cured by the final disposal of the trial including post-judgement appeal; or
2. if the issue in the proposed appeal is of general importance to proceedings before the Tribunal or in international law generally;

CONSIDERING that the Application was filed within time;

FINDING that the Notice was not timely with respect to the Impugned Decision;

RECOGNISING, however, the filing of the Notice as having been validly done, in accordance with sub-Rule 127(B) of the Rules;

FINDING that the Application and the Notice have failed to establish that any alleged prejudice arising from the Impugned Decision could not be cured by the final disposal of the trial including post-judgement appeal;

FINDING, however, that the admission of evidence from deceased witnesses constitutes an issue of general importance to proceedings before the International Tribunal or in international law generally;

HEREBY GRANTS the Application and the Notice;

HEREBY ORDERS the parties to submit written briefs in accordance with the Practice Direction on Procedure for the Filing of Written Submissions in Appeal Proceedings before the International Tribunal (IT/155).

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

________________________________
Wang Tieya
Presiding Judge

Dated this twenty-eighth day of March 2000
At The Hague,
The Netherlands.