ANNEX A: PROCEDURAL BACKGROUND

 

    A. The Appeals

  1. The Trial Judgement was delivered on 22 February 2001. Notices of appeal were filed by the Appellants Kovac595 and Vukovic596 on 6 March 2001, and by the Appellant Kunarac597 on 7 March 2001.

  2. On 18 May 2001, the Appellants filed a joint application for an extension of the time limit for filing their Appellants’ Briefs under Rule 111 of the Rules,598 on the basis that they had not yet received the Trial Judgement in the B/C/S language . The Prosecutor responded to this application.599 The Appeals Chamber ordered that the Appellants’ Briefs be filed within thirty days of the filing of the B/C/S translation of the Trial Judgement.600

  3. On 28 May 2001, counsel for the Appellant Vukovic filed a notice of the impossibility of performing his duties as counsel, due to the expiry and non-extension of his Dutch visa.601

  4. On 25 June 2001, the Appellants filed a joint application for authorisation to exceed page limits of their Appellants’ Briefs.602 The Prosecutor filed a response to this application on 5 July 2001.603 The Appeals Chamber denied the request on 10 July 2001.604

  5. The Appellant Vukovic filed his confidential Appeal Brief on 12 July 2001.605 The Appeal Briefs of the Appellants Kunarac606 and Kovac607 were filed on 16 July 2001.

  6. On 10 August 2001, the Prosecutor filed a request: (i) for an extension of time to file its Respondent’s Briefs under Rule 112 of the Rules; and (ii) to exceed the page limit for these Briefs.608 The Respondent’s Briefs were filed within the time limit. The Prosecutor’s Respondent’s Brief to the Appellant Vukovic’s Appeal Brief was filed on 13 August 2001,609 and its Consolidated Respondent’s Brief and book of authorities relating to the Appellants Kunarac and Kovac were filed on 15 August 2001.610 However, the Consolidated Respondent’s Brief did exceed the page limit. The Appeals Chamber decided that it would deem and accept that Brief as having been validly filed with the authorisation of the Appeals Chamber.611 On 26 September 2001, the Prosecutor filed a confidential request for clarification of that decision.612 The Appeals Chamber ordered that: (i) the Prosecutor’s Consolidated Respondent’s Brief be deemed and accepted as having been validly filed on 15 August 2001 in respect of all three Appellants with the authorisation of the Appeals Chamber; and (ii) the Appellant Vukovic be given leave to file his Brief in Reply within 15 days of the filing of the order.613

  7. On 20 August 2001, the Appellants Kunarac and Kovac filed a request for an extension of time to file their reply to the Prosecution Consolidated Respondent’s Brief.614 The Prosecutor responded to this request.615 The Appeals Chamber granted the request and ordered that the Briefs in Reply be filed on or before 4 September 2001.

  8. The Appellants’ Briefs in Reply were filed on the following dates: 28 August 2001 by Vukovic;616 4 September 2001 by Kunarac and Kovac.617 The Brief of the Appellants Kunarac and Kovac exceeded the page limit, but was authorised retrospectively by the Pre-Appeal Judge.618

  9. On 19 September 2001, the Appellant Kunarac filed a request for provisional release under Rule 65(I) of the Rules in order that he might undergo medical treatment in Belgrade.619 The Prosecutor filed a confidential response to the request on 25 September 2001.620 The Appeals Chamber rejected the request on 16 October 2001.621

  10. On 20 September 2001, counsel for the Appellant Vukovic informed the Appeals Chamber that the Registry had denied him access to meet with his client.622

  11. On 2 October 2001, the appointed Pre-Appeal Judge issued an order requiring the parties to file redacted public versions of the Appellant Vukovic’s Appeal Brief , the Prosecution Respondent’s Brief, and the Prosecution Consolidated Respondent’s Brief.623 Public versions of the latter two documents were filed on 9 October 2001. On 11 October 2001, the Appellant Vukovic informed the Appeals Chamber that his Appeal Brief filed on 12 July 2001 was never marked as confidential and should be considered to be the public version .624 On 18 October 2001, the Registry lifted the confidentiality of that document.625 The Appellants Kunarac and Kovac filed a like document on 22 October 2001 informing the Appeals Chamber that their Appeal Briefs of 16 July 2001 ought also to be considered to be the public versions.626

  12. On 29 October 2001, the Appeals Chamber made a scheduling order to the effect that presentation of Appeal Briefs would begin on 4 December 2001.627

  13. On 6 November 2001, the Appellant Vukovic filed a motion for presentation of additional evidence in accordance with Rule 115 of the Rules,628 seeking the admission of an excerpt from the Registry of Births of Bosnia and Herzegovina by which to prove the age of his daughter, Marijana Vukovic. The Prosecutor filed a response to this request on 16 November 2001.629 The Appeals Chamber rejected the motion on 30 November 2001.630

  14. On 6 November 2001, the three Appellants filed a joint statement regarding the schedule of presentation of their Appeal Briefs.631 The Prosecutor filed its response to that statement on 9 November 2001.632 On 26 November 2001, the three Appellants filed a joint statement about the division of total time for the presentation of their submissions.633

  15. On 19 December 2001, the Appellant Kovac filed a statement informing the Appeals Chamber of the exact references to a case upon which he relied in oral explanations .634

    B. Assignment of Judges

  16. On 21 May 2001, by an order of the President of the International Tribunal, the following Judges were assigned to sit on the appeal: Judge Jorda, President, Judge Vohrah, Judge Shahabuddeen, Judge Nieto-Navia and Judge Liu.635

  17. On 8 June 2001, Judge Shahabuddeen was appointed as Pre-Appeal Judge to deal with all motions of a procedural nature.636 On the occasion of departures of Judges and the new composition of Chambers, the President of the International Tribunal reconstituted the Appeals Chamber for the instant appeal on 23 November 2001, assigning Judge Jorda, President, Judge Shahabuddeen , Judge Schomburg, Judge Güney and Judge Meron to sit on the appeal.637

    C. Status Conferences

  18. Status conferences were held in accordance with Rule 65bis of the Rules on 25 June 2001638 and 16 October 2001.639

    D. Appeal Hearing

  19. On 16 November 2001, the Pre-Appeal Judge issued a scheduling order for the Appeal Hearing,640 which was held over three days, from 4 to 6 December 2001.