Mr. Graham Blewitt

Mr. Slobodan Zecevic, for Milan Simic
Mr. Igor Pentelic and Mr. Novak Lukic, for Miroslav Tadic
Mr. Deyan Ranko Brashich, for Stevan Todorovic
Mr. Borislav Pisarevic and Mr. Aleksander Lazarevic, for Simo Zaric

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 Appeals Chamber" and "the International Tribunal", respectively),

NOTING the "Decision on Motion for Judicial Assistance to be Provided by SFOR and Others", issued and filed by Trial Chamber III on 18 October 2000 ("the Impugned Decision");

1) the "Request by the Government of Canada for Review under Rule 108bis of Trial Chamber III’s Interlocutory Decision on Motion for Judicial Assistance to be Provided by SFOR and Others Dated October 18, 2000", filed on 2 November 2000;

2) the communication of the French Government, filed on 2 November 2000 pursuant to Rule 108bis of the Rules of Procedure and Evidence of the International Tribunal ("the Rules");

3) the "Request of the Federal Republic of Germany for Review of Decision on Motion for Judicial Assistance to be Provided by SFOR and Others", filed on 2 November 2000 pursuant to Rule 108bis of the Rules;

4) the communication of the Italian Government, filed on 2 November 2000 with reference to Rule 108bis of the Rules;

5) the request for review of the Impugned Decision filed by the Netherlands Government on 2 November 2000 pursuant to Rule 108bis of the Rules;

6) the "Request by the Government of Norway for Review under Rule 108bis of Trial Chamber III’s Decision on Motion for Judicial Assistance to be Provided by SFOR and Others Dated 18 October 2000", filed on 2 November 2000;

7) the "Request for Review of Decision on Motion for Judicial Assistance to be Provided by the Stabilization Force and Others including the United Kingdom", filed on 2 November 2000 pursuant to Rule 108bis of the Rules; and

8) the "Request of the United States of America for Review of Decision on Motion for Judicial Assistance to be Provided by SFOR and Others", filed on 2 November 2000 pursuant to Rule 108bis of the Rules (together "the Requests for Review");

NOTING that the communication of the Italian Government, filed on 2 November 2000 pursuant to Rule 127 of the Rules, is seeking an extension of the time-limit set by, inter alia, Rule 108bis (A) of the Rules;

NOTING that the communication of the French Government is seeking an extension of time for 15 days pursuant to Rule 127 of the Rules for the filing of its brief in support of its request for review;

NOTING, further, the communication of the Danish Government, filed on 2 November 2000, which does not explicitly state whether it is seeking a review of the Impugned Decision pursuant to Rule 108bis of the Rules, although it refers to the Impugned Decision;

NOTING the communication of the Legal Advisor to the North Atlantic Treaty Organisation ("NATO"), filed on 2 November 2000, which seeks a stay of the Impugned Decision for a period of 15 days pending a review of the Impugned Decision by NATO and which does not explicitly state whether it is seeking a review of the Impugned Decision pursuant to Rule 108bis of the Rules;

CONSIDERING that the States which have filed the Requests for Review and NATO are affected by the Impugned Decision;

CONSIDERING that the Impugned Decision concerns issues of general importance relating to the powers of the Tribunal;

DECIDES, pursuant to Rule 108bis (C) of the Rules, to suspend the execution of the Impugned Decision in its entirety, pending the final conclusion of a review by the Appeals Chamber;

NOTING Rule 116bis of the Rules relating to expedited appeals proceedings;

DECIDES that written briefs shall be filed by Wednesday 15 November 2000 before the Appeals Chamber by the States which have filed requests for review, and also by the States of Denmark and Italy and by NATO if they so desire;

DECIDES, pursuant to Rule 108bis (B) of the Rules and as required by the interests of justice, that the Prosecutor is also to be heard in the course of the review proceedings;

DIRECTS that the Prosecutor may file a written brief by Wednesday 15 November 2000;

DIRECTS that the Accused Stevan Todorovic, as well as his co-accused currently in the custody of the International Tribunal being Milan Simic, Miroslav Tadic, and Simo Zaric, may by Wednesday 22 November 2000 file a response to the written briefs by the States, NATO and the Prosecutor;

ORDERS that an oral hearing in this matter shall take place on Tuesday 28 November 2000, and further orders that at the said hearing, the following may be heard: Canada, Denmark, France, Germany, Italy, the Netherlands, Norway, United Kingdom, and the United States of America, and NATO, the Prosecutor, and the Accused Milan Simic, Miroslav Tadic, Stevan Todorovic, and Simo Zaric.

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

_____________________________
Judge Mohamed Shahabuddeen
Presiding

Dated this eighth day of November 2000
At The Hague,
The Netherlands.