PRESIDENT OF THE INTERNATIONAL TRIBUNAL

Before: President Gabrielle Kirk McDonald

Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of: 15 September 1999

 

PROSECUTOR

v.

DUSKO TADIC


ORDER OF THE PRESIDENT ASSIGNING JUDGES TO A TRIAL CHAMBER


The Office of the Prosecutor:

Mr. Upawansa Yapa
Ms. Brenda J. Hollis
Mr. William Fenrick
Mr. Michael Keegan
Ms. Ann Sutherland

Counsel for the Defendant:

Mr. William Clegg
Mr. John Livingston

 

I, Gabrielle Kirk McDonald, President 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");

NOTING the Opinion and Judgment issued by Trial Chamber II on 7 May 1997 ("Trial Chamber Judgement") and the Sentencing Judgment issued by Trial Chamber II on 14 July 1997 ("Sentencing Judgement") both in Prosecutor v Dusko Tadic, Case No.: IT-94-1-T;

NOTING the Appeal by the Appellant against the Trial Chamber Judgement, notice of which was filed on 3 June 1997;

NOTING the Appeal by the Office of the Prosecutor, notice of which was filed on 6 June 1997, relating to certain Counts of the Indictment in respect of which the Accused was acquitted in the Trial Chamber Judgement;

NOTING the Appeal by the Appellant against the Sentencing Judgement, notice of which was filed on 9 August 1997;

NOTING the Appeals Chamber’s Judgement of 15 July 1999 ("Judgement") wherein it found the Appellant guilty of Counts for which he had been acquitted as reflected in sub-paragraphs (4) and (5) of the Disposition of the Judgement;

NOTING that in the Judgement, the Appeals Chamber deferred sentencing on the Counts referred to in sub-paragraphs (4) and (5) of the Disposition to a later stage;

NOTING the Order Remitting Sentencing to a Trial Chamber, issued on 10 September 1999, wherein the Appeals Chamber decided to "remit the matter of sentencing the Appellant, in respect of the Counts referred to in sub-paragraphs (4) and (5) of the disposition of the Judgement, to a Trial Chamber to be designated by the President of the International Tribunal";

CONSIDERING Article 14(3) of the Statute and Rule 27 of the Rules of Procedure and Evidence of the International Tribunal;

HAVING CONSULTED the Judges of the International Tribunal;

HEREBY DECIDE to assign the following Judges to the Trial Chamber for the purpose of deciding on the appropriate sentence to be imposed on Dusko Tadic in relation to the Counts referred to in sub-paragraphs (4) and (5) of the Disposition of the Judgement:

Judge Gabrielle Kirk McDonald (Presiding)

Judge Lal Chand Vohrah

Judge Patrick Robinson

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


_____________________________
Gabrielle Kirk McDonald
President

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

[Seal of the Tribunal]