Case: IT-95-11-PT

PRESIDENT OF THE INTERNATIONAL TRIBUNAL

Before:
Judge Theodor Meron, President

Registrar:
Mr. Hans Holthuis

Order of:
4 July 2005

PROSECUTOR

v.

Milan MARTIC

____________________________________

ORDER REASSIGNING A CASE TO A TRIAL CHAMBER AND REFERRING THE JOINDER MOTION

____________________________________

The Office of the Prosecutor:

Ms Carla Del Ponte
Ms. Hildegard Uertz-Retzlaff

Counsel for the Accused:

Mr. Predrag Milovancevic
Mr. Vuk Sekulic

 

I, THEODOR MERON, 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 ("Tribunal"),

NOTING the Indictment in The Prosecutor v Milan Martic, IT-95-11;

NOTING the "Order Assigning a Case to a Trial Chamber," filed 30 May 2003, which assigned this case to Trial Chamber I;

NOTING the "Prosecution Motion for Joinder," ("Joinder Motion") filed in this case on 30 May 2005, which seeks to join this case, among others, with the Stanisic and Simatovic case, which is current pending before Trial Chamber III;

NOTING also the "Prosecution Motion for Joinder," filed 1 June 2005 in The Prosecutor v. Jovica Stanisic and Franko Simatovic, IT-03-69-PT, which similarly seeks to join the Martic case, among others, with the Stanisic and Simatovic case;

NOTING the "Order Reassigning a Case to a Trial Chamber" ("Order of Reassignment") filed on 7 June 2005, which transferred this case to Trial Chamber III on the basis that any Trial Chamber that is seised of the Joinder Motion must also be seised of the cases related to the motions in order to dispose of them;

NOTING that Trial Chamber I was seised of a number of motions prior to the Order of Reassignment which will be delayed by the consideration of the Joinder Motion by Trial Chamber III;

CONSIDERING that the Trial management needs of the Tribunal and this case necessitates Trial Chamber I retaining jurisdiction over all motions filed unrelated to the Joinder Motion, and that the case should be reassigned to Trial Chamber I;

NOTING that the Bureau has been consulted;

NOTING the composition of the Trial Chambers of the Tribunal, as set out in document IT/228, issued on 7 June 2004;

HEREBY REASSIGN, effective immediately, this case to Trial Chamber I and APPOINT pursuant to Rule 27 of the Rules of Procedure and Evidence ("Rules"), the following Judges to constitute Trial Chamber III for the purpose of determining the Joinder Motion pursuant to Rule 48 of the Rules:

Judge Patrick Robinson

Judge Carmel Agius

Judge Liu Daqun

 

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

Dated this 4th day of July 2005,
At The Hague,
The Netherlands.

______________________
Judge Theodor Meron
President

[Seal of the Tribunal]