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 ("the Bench" and "the International Tribunal" respectively),

BEING SEIZED OF the "Accused Mario Cerkez’s Application for Leave to Pursue an Interlocutory Appeal of Trial Chamber III’s A SsicC November 20, 2000, Scheduling Ordrer SsicC", filed on 24 November 2000 ("the Defence" and "the Application for Leave to Appeal" respectively);

NOTING the oral decision of Trial Chamber III rendered on 20 November 2000 ("the Impugned Decision") whereby the Defence was granted some additional time and 13 December 2000 was confirmed as the date for the submission of the final trial briefs;

NOTING the "Prosecutor’s Response to Accused Mario Cerkez’s Application for Leave to Pursue an Interlocutory Appeal of Trial Chamber III’s November 20, 2000, Scheduling Order", filed by the Prosecutor on 29 November 2000 ("the Response");

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 ("the 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;

2. if the issue in the proposed appeal is of general importance to proceedings before the Tribunal or in international law generally;

NOTING that the Application for Leave to Appeal was filed within time;

NOTING that the Application for Leave to Appeal argues, inter alia: i) the Trial Chamber’s failure to balance the Defence’s right to a fair trial pursuant to Article 21(4)(d) and the Defence’s right to an expeditious trial, ii) the Trial Chamber’s failure to consider the large number of newly submitted documents, iii) the Trial Chamber’s failure to consider the limited resources available to the Defence in comparison to the Prosecutor, and iv) the Trial Chamber’s departure from the practice of other Trial Chambers with regard to the granting of time for the preparation of the final trial brief and closing arguments;

CONSIDERING that the Application for Leave to Appeal was filed pursuant to Rule 73 of the Rules, without specifying whether the interlocutory appeals falls within the criteria of Rule 73 (B)(i) or (ii);

CONSIDERING that it is for the Defence to show the Bench either that the Impugned Decision would cause such prejudice to its case as could not be cured by the final disposal of the trial including post-judgement appeal, or that the issue in the proposed appeal is of general importance to proceedings before the International Tribunal or in international law generally;

FINDING that there has been no showing either that there is such prejudice or that the issue in the proposed appeal is of general importance to proceedings before the International Tribunal or in international law generally;

HEREBY DISMISSES the Application for Leave to Appeal.

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

________________________________
Rafael Nieto-Navia
Presiding Judge

Dated this fifth day of December 2000
At The Hague,
The Netherlands.