THE APPEALS CHAMBER OF THE INTERNATIONAL TRIBUNAL

Before:
President Claude Jorda
Judge Mohamed Bennouna
Judge Patricia Wald
Judge Fausto Pocar
Judge Liu Daqun

Registrar:
Mr. Hans Holthuis

Decision of:
26 February 2001 

THE PROSECUTOR

v.

DUSKO TADIC

 _______________________________________________

ORDER ON THE PROSECUTION MOTION
FOR LEAVE TO PARTICIPATE
IN THE PRESENT APPEAL

_______________________________________________

Counsel for the Appellant

Mr. Vladimir Domazet for Milan Vujin

The Office of the Prosecutor:

Mr. Upawansa Yapa

Other parties:

Mr. Anthony Abell

 

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 (hereinafter "the International Tribunal"),

NOTING the Order in the matter of allegations against prior counsel rendered on 9 March 1999 in English by the Appeals Chamber during the actual contempt proceedings (hereinafter "the Order"),

NOTING the Decision on the Application for leave to appeal rendered on 25 October 2000,

NOTING the Appellantís Brief filed in English by Counsel for Milan Vujin on 3 November 2000 (hereinafter "the Brief"),

NOTING the Decision on the Motion for extension of time limit rendered on 21 November 2000 wherein the time limit for filing a response to the Brief by the interested party, Dusko Tadic, was extended until 1 December 2000,

NOTING the Prosecution Motion for leave to participate in the present appeal filed by the Prosecutor in English on 30 November 2000 (hereinafter "the Motion"),

NOTING that Milan Vujin did not file any response to the Motion although he is so authorised by the Practice Direction on the Procedure for the Filing of Written Submissions in Appeal Proceedings before the International Tribunal (IT/155),

PURSUANT to Rules 74 and 107 of the Rules of Procedure and Evidence (hereinafter "the Rules"),

CONSIDERING that, pursuant to Rule 74 of the Rules interpreted in the light of Rule 107 of the Rules, the Appeals Chamber may, if it considers it desirable for the proper determination of the case, invite or grant leave to a State, organisation or person to appear before it and make submissions on any issue specified by the Chamber,

CONSIDERING, however, that the Order authorised the Prosecutor to appear as an interested party before the Appeals Chamber during the contempt proceedings on the ground that it was "in the interests of justice" and that there is accordingly no reason to grant her leave to participate as an amicus curiae,

FOR THE FOREGOING REASONS,

DISMISSES the Motion.

 

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

Done this twenty-sixth day of February 2001
At The Hague
The Netherlands

(signed)
____________________________
Claude Jorda
President of the Appeals Chamber

[Seal of the Tribunal]