Case No.: IT-98-33-A
IN THE APPEALS CHAMBER
Before:Registrar:
Mr. Hans Holthuis
Decision of:
19 November 2003
PROSECUTOR
v.
RADISLAV KRSTIC
_______________________________________________________
DECISION TO SUMMON A WITNESS PROPRIO MOTU
_______________________________________________________
Counsel for the Prosecutor:
Mr. Norman Farrell
Counsel for the Defence:
Mr. Nenad Petrusic
Mr. N. Sepenuk
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,
NOTING the evidence given by Mr. Miroslav Deronjic in the case of Prosecutor v. Nikolic, No. IT-02-60/1-S;
CONSIDERING that Mr. Deronjic gave evidence that Radovan Karadzic, President of the Republika Srpska and Supreme Commander of its armed forces, told him shortly before the Bosnian Serb’s military offensive against Srebrenica began that the Muslims in Srebrenica "must be killed" 1;
CONSIDERING that this evidence is relevant to the issue of whether President Karadzic intended to destroy the Bosnian Muslims in Srebrenica;
CONSIDERING that the evidence is also relevant to the issue of whether this intent was shared by, or known to, other senior military and civilian leaders of the Republika Srpska;
HEREBY DECIDES, pursuant to Rule 98, sentence 2, and Rule 107 of the Rules of Procedure and Evidence of the Tribunal, to summon Mr. Deronjic as a witness proprio motu;
AND ORDERS that Mr. Deronjic shall be present at the evidentiary hearing on 21 November 2003 and (if needed) on 24 November 2003;
AND FURTHER ORDERS that if Mr. Deronjic so wishes, his counsel may be present during his testimony.
Done in both English and French, the English text being authoritative.
___________
Judge Theodor Meron
Presiding
Dated this 19th day of November 2003
At The Hague,
The Netherlands.
[Seal of the Tribunal]