ANNEX A: GLOSSARY

A. Appeal

1. Parties’ written submissions

Defence Notice of Appeal

Defence Notice of Appeal, filed on 12 April 2002

Prosecution Notice of Appeal

Prosecution’s Notice of Appeal, filed on 15 April 2002

Defence Brief

Appeal Brief of the Defence, filed on 21 August 2002

Prosecution Response

Prosecution Respondent’s Brief, filed on 30 September 2002

Prosecution Brief

Appeal Brief of the Prosecution, filed on 5 August 2002

Defence Response

Defence Respondent’s Brief, filed on 25 September 2002

Prosecution Reply

Prosecution Brief in Reply, filed on 10 October 2002

2. References used in this case

Indictment

Third Amended Indictment in The Prosecutor v. Milorad Krnojelac, case no. IT-97-25, 25 June 2001

Hearings on Appeal

Hearings of the parties’ arguments on appeal, 14 and 15 May 2003

Common Article 3

Article 3 common to the four Geneva Conventions of 1949

Bosnia and Herzegovina

Republic of Bosnia and Herzegovina

Trial Chamber

Trial Chamber II of the International Tribunal

Appeals Chamber

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

ICRC

International Committee of the Red Cross

T

Transcript of the trial hearings in the case The Prosecutor v. Milorad Krnojelac, case no. IT-97-25-T

T(A)

Transcript of the hearings on appeal held at The Hague (hearings of 14 and 15 May 2003). All the page numbers of the transcripts mentioned in this Judgement refer to the English transcript.

Defence

Defence for Milorad Krnojelac

Trial Judgment or Judgment

The Prosecutor v. Milorad Krnojelac, case no. IT-97-25-T, Judgment, 15 March 2002

Pre-Trial Brief

Prosecutor’s Pre-Trial Brief, filed on 16 October 2000

Prosecutor or Prosecution

Office of the Prosecutor

Rules

Rules of Procedure and Evidence of the Tribunal

Krnojelac

Milorad Krnojelac

B. Case-law cited

Akayesu Appeals Judgement

Judgement, The Prosecutor v. Jean-Paul Akayesu, case no. ICTR-96-4-A, 1 June 2001 (ICTR Appeals Chamber)

Aleksovski Appeals Judgement

Judgement, The Prosecutor v. Zlatko Aleksovski, case no. IT-95-14/1-A, 24 March 2000 (Appeals Chamber)

Bagilishema Appeals Judgement

Judgement (Reasons), The Prosecutor v. Ignace Bagilishema, case no. ICTR-95-1A-A, 13 December 2002 (ICTR Appeals Chamber)

Celebici Appeals Judgement

Judgement, The Prosecutor v. Zejnil Delalic et al., case no. IT-96-21-A, 20 February 2001 (Appeals Chamber)

Erdemovic Appeals Judgement

Judgement, The Prosecutor v. Drazen Erdemovic, case no. IT-96-22-A, 7 October 1997 (Appeals Chamber)

Furundzija Appeals Judgement

Judgement, The Prosecutor v. Anto Furundzija, case no. IT-95-17/1-A, 21 July 2000 (Appeals Chamber)

Jelisic Appeals Judgement

Judgement, The Prosecutor v. Goran Jelisic, case no. IT-95-10-A, 5 July 2001 (Appeals Chamber)

Kambanda Appeals Judgement

Judgement, The Prosecutor v. Jean Kambanda, case no. ICTR-97-23-A, 19 October 2000 (ICTR Appeals Chamber)

Kayishema/Ruzindana Appeals Judgement or Kayishema and Ruzindana Appeals Judgement

Judgement (Reasons), Clément Kayishema and Obed Ruzindana v. The Prosecutor, case no. ICTR-95-1-A, 1 June 2001 (ICTR Appeals Chamber)

Kunarac Appeals Judgement

Judgement, The Prosecutor v. Dragoljub Kunarac et al., case no. IT-96-23 & IT-96-23/1-A, 12 June 2002 (Appeals Chamber)

Kupreskic Appeals Judgement

Appeal Judgement, The Prosecutor v. Zoran Kupreskic et al., case no. IT-95-16-A, 23 October 2001 (Appeals Chamber)

Musema Appeals Judgement

Judgement, Alfred Musema v. The Prosecutor, case no. ICTR-96-13-A, 16 November 2001 (ICTR Appeals Chamber)

Rutaganda Appeals Judgement

Appeals Judgement, Georges Anderson Nderubumwe Rutaganda v. The Prosecutor, case no. ICTR-96-3-A, 26 May 2003 (ICTR Appeals Chamber)

Serushago Appeals Judgement

Reasons for Judgement, Omar Serushago v. The Prosecutor, case no. ICTR-98-39-A, 6 April 2000 (ICTR Appeals Chamber)

Tadic Appeals Judgement

Judgement, The Prosecutor v. Dusko Tadic, case no. IT-94-1-A, 15 July 1999 (Appeals Chamber)
Tadic Appeals Judgement
(Allegations of contempt)

Judgement on Allegations of Contempt against Prior Counsel, Milan Vujin, The Prosecutor v. Dusko Tadic, case no. IT-94-1-A-R72, 31 January 2000 (Appeals Chamber)

Tadic Decision (Jurisdiction)

Decision on the Defence Motion for Interlocutory Appeal on Jurisdiction, The Prosecutor v. Dusko Tadic, case no. IT-94-1- AR72, 2 October 1995 (Appeals Chamber)

Tadic Decision (Additional Evidence)

Decision on Appellant’s Motion for the Extension of the Time-Limit and Admission of Additional Evidence, The Prosecutor v. Dusko Tadic, case no. IT-94-1-A, 15 October 1998 (Appeals Chamber)

Akayesu Judgement

Judgement, The Prosecutor v. Jean-Paul Akayesu, case no. ICTR-96-4-T, 2 September 1998 (ICTR Trial Chamber)

Blaskic Judgement

Judgement, The Prosecutor v. Tihomir Blaskic, case no. IT-95-14-T, 3 March 2000 (Trial Chamber)

Celebici Judgement

Judgement, The Prosecutor v. Zejnil Delalic et al., case no. IT-96-21-T, 16 November 1998 (Trial Chamber)

Kayishema and Ruzindana Judgement

Judgement and Sentence, The Prosecutor v. Clément Kayishema and Obed Ruzindana, case no. ICTR-95-1-T, 21 May 1999 (ICTR Trial Chamber)

Elizaphan and Gérard Ntakirutimana Judgement

Judgement and Sentence, The Prosecutor v. Elizaphan and Gérard Ntakirutimana, case no. ICTR-96-10 & ICTR-96-17-T, 21 February 2003 (Trial Chamber)

Naletilic and Martinovic Judgement

Judgement, The Prosecutor v. Mladen Naletilic and Vinko Martinovic, case no. IT-98-34-T (Trial Chamber)

Krstic Judgement

Judgement, The Prosecutor v. Radislav Krstic, case no. IT-98-33-T, 2 August 2001 (Trial Chamber)

Tadic Judgment

Opinion and Judgment, The Prosecutor v. Dusko Tadic, case no. IT-94-1-T, 7 May 1997 (Trial Chamber)

Plavsic Judgement

Sentencing Judgement, The Prosecutor v. Biljana Plavsic, case no. IT-00-39&40/I-S, 27 February 2003

Ojdanic Decision

Decision on Dragoljub Ojdanic’s Motion Challenging Jurisdiction – Joint Criminal Enterprise, The Prosecutor v. Milan Milutinovic, Nikola Sainovic and Dragoljub Ojdanic, case no. IT-99-37-AR72, 21 May 2003 (Appeals Chamber)

C. Other references

Fourth Convention

Fourth Geneva Convention Relative to the Protection of Civilian Persons in Time of War, International Committee of the Red Cross, 12 August 1949

Commentary on the Additional Protocols

Sandoz et al. (eds.), Commentary on the Additional Protocols of 8 June 1977 to the Geneva Conventions of 12 August 1949, ICRC, Geneva 1986

Registrar

Registrar of the ICTY

KP Dom

Foca Penal and Correctional Facility (Kazneno-Popravni Dom)

Secretary-General’s Report

Report of the Secretary-General Pursuant to Paragraph 2 of Security Council resolution 808 (1993), UN Doc S/25704, 3 May 1993

Rules

Rules of Procedure and Evidence of the Tribunal

Statute

Statute of the International Tribunal

ICTR

International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan Citizens Responsible for Genocide and Other Such Violations Committed in the Territory of Neighbouring States, between 1 January 1994 and 31 December 1994

ICTY

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 or Tribunal

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

Rome Statute

Statute of the International Criminal Court adopted in Rome on 17 July 1998, PCNICC/1999/INF.3

ANNEX B: PROCEDURAL BACKGROUND

  1. The main aspects of the appeal proceedings are summarised below.

  2. Krnojelac and the Prosecution filed their Notices of Appeal on 12 and 15 April 2002 respectively. On 19 April 2002 the President of the Tribunal, Judge Jorda, issued an order assigning the following judges to the Appeals Chamber: Judge Shahabuddeen (presiding), Judge Güney, Judge Gunawardana, Judge Pocar and Judge Meron.424 On 6 May 2002 the President of the Appeals Chamber designated Judge Meron as the Pre-Appeal Judge (“PAJ”) in this case.425

  3. On 7 May 2002 the PAJ requested that Krnojelac file a new Notice of Appeal respecting the presentation criteria set forth in Rule 108 of the Rules and Article 1 of the Practice Direction.426 The Appeals Chamber referred only to this new Notice of Appeal, filed on 21 May 2002.427 On 20 June 2002, the PAJ granted the Defence’s request for an extension of time to file its Appeal Brief and, similarly, granted the Prosecution an extension of time to file its Appeal Brief.428 Pursuant to Rule 65bis(B) of the Rules, the PAJ ordered that a status conference be held on 31 July 2002.429 On 16 July 2002 the PAJ again granted the parties additional time to file Appeal Briefs.430 Furthermore, on 16 July 2002, the PAJ gave the Prosecution leave to file an Appeal Brief exceeding the page limit prescribed by the Practice Direction and allowed it to file a brief not exceeding 130 pages.431

  4. The Prosecution filed a confidential version of its Appeal Brief on 5 August 2002.432 However, on 9 August 2002, the PAJ asked the Prosecution to file a public version of the brief, which was done on 22 August 2002.433 On 21 August 2002 the Defence also filed its Appeal Brief.434 On 16 September 2002 the PAJ granted the Defence’s request for an extension of time to file its Defence Respondent’s Brief, which was ultimately filed on 25 September 2002.435 On 29 October 2002 the Prosecution filed a public version of its Respondent’s Brief436 as well as a public version of its Brief in Reply.437 On 12 November 2002 the PAJ ordered that a status conference be held on 27 November 2002.438

  5. On 14 November 2002 the Defence filed a request for the provisional release of Krnojelac on account of his brother’s ill health.439 The Appeals Chamber granted this request and allowed Krnojelac five (5) days’ provisional release in Foca (Bosnia and Herzegovina).440

  6. On 14 March 2003 the Defence notified the Appeals Chamber of its intention to file a motion to admit additional evidence on appeal pursuant to Rule 115 of the Rules.441 However, on 31 March 2003, it informed the Appeals Chamber that it would not be submitting such a motion.442

  7. By order dated 17 March 2003, the newly-elected President of the Tribunal, Judge Meron, assigned Judge Jorda to this case to replace Judge Pocar.443 By order dated 18 March 2003, the President of the Tribunal assigned Judge Güney to replace him as the Pre-Appeal Judge.444 A status conference was held on 3 April 2003.445 By order dated 29 April 2003, the President of the Tribunal assigned Judges Wolfgang Schomburg and Carmel Agius to replace Judges Meron and Asoka de Zoysa Gunawardana in this case.446

  8. By order dated 24 April 2003, Judge Jorda ordered that the hearing on appeal be held on 14 and 15 May 2003 before the Appeals Chamber, which was then composed of Judges Jorda (presiding), Schomburg, Shahabuddeen, Güney and Agius.447 A status conference was held on 4 July 2003.448 In a scheduling order dated 9 September 2003, Judge Jorda ordered that a public hearing be held on 17 September 2003 for the Appeals Chamber to deliver its Judgement in this case.449 On 15 September 2003 the Prosecution filed a public version of a motion to admit additional evidence on appeal pursuant to Rule 115 of the Rules.450 By a decision dated 16 September 2003, the Appeals Chamber dismissed this motion.451