IN THE APPEALS CHAMBER

Before:
Judge David Hunt, Presiding
Judge Fouad Abdel-Monem Riad
Judge Wang Tieya
Judge Rafael Nieto-Navia
Judge Mohamed Bennouna

Registrar:
Dorothee de Sampayo Garrido-Nijgh

Order of:
15 June 1999

The PROSECUTOR

v.

Zenjil DELALIC, Zdravko MUCIC (aka "PAVO"), Hazim DELIC and Esad LANDZO (aka "ZENGA")

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ORDER ON THE APPELLANT-CROSS APPELLEE’S SECOND
MOTION FOR AN EXTENSION OF TIME TO FILE BRIEFS

__________________________________________________________________

Office of the Prosecutor:

Mr Yapa Upawansa
Mr Christopher Staker
Mr Rodney Dixon

Counsel for the Accused

Mr John Ackerman for Zejnil Delalic
Mrs Nihada Butorovic and Mr Howard Morrison for Zdravko Mucic
Mr Salih Karabdic and Mr Thomas Moran for Hazim Delic
Ms Cynthia Sinatra and Mr Peter Murphy for Esad Landzo

 

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 ("International Tribunal");

BEING SEIZED of the "Appellant-Cross Appellee’s Second Motion for Extension of Time to File Brief" filed on 26 May 1999 ("Motion") by Zdravko Mucic, Hazim Delic and Esad Landzo ("Appellants"), wherein the Appellants seek an extension of time to file their appellant briefs until three weeks after the Trial Chamber in the case of Prosecutor v. Aleksovski has delivered a written judgment and that judgment is made available to counsel;

NOTING the Order of 12 February 1999 that provides that the Appellants shall have until 2 July 1999 to file their Appellant briefs;

NOTING that the Motion is based on the ground that the Trial Chamber in the case of Prosecutor v. Aleksovski delivered an oral judgment which appears to be relevant to several issues which will be raised by the Appellants in their appeals including, but not limited to, the existence or lack of an international armed conflict and the application of the definition of "protected persons" in Article 4 of the Convention relative to the Protection of Civilian Persons in Time of War of 12 August 1949, and that the Appellants and the Office of the Prosecutor should have the benefit of this written judgment in preparing appellant briefs thus also giving to the Appeals Chamber the advantage of having the written judgment incorporated sequentially into the written submissions;

NOTING the Scheduling Order issued by the Appeals Chamber of 31 May 1999 regulating further filings;

NOTING the "Prosecution Response to the Appellant-Cross Appellee’s Second Motion for Extension of Time to File Brief" filed 4 June 1999, where it was stated that the relief sought in the Motion is unnecessary;

NOTING "Hazim Delic’s Brief in Compliance with the Scheduling Order of 31 May 1999" and the "Reply of the Appellant Zdravko Mucic aka 'Pavo' to the Prosecutor’s Response to the Request for an Extension of Time dated 4 June 1999" both filed on 7 June 1999;

NOTING the "Response of Appellant, Esad Landzo, to Prosecution’s Submissions Concerning Motions for Extension of Time and to Preserve and Provide Evidence, and Request for Late Acceptance" filed on 14 June 1999;

CONSIDERING that the Appellants will have the opportunity to supplement their appellant briefs in writing at a later stage, if thought necessary, by filing an application for leave to do so;

HEREBY REJECTS the Motion.

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

___________________________
Judge David Hunt
Presiding Judge

Dated this fifteenth day of June 1999
At The Hague,
The Netherlands.

[Seal of the Tribunal]