Case No.: IT-05-87-AR108bis.1 & AR108bis.2

IN THE APPEALS CHAMBER

Before:
Judge Fausto Pocar, Presiding
Judge Mohamed Shahabuddeen
Judge Mehmet Güney
Judge Theodor Meron
Judge Wolfgang Schomburg

Registrar:
Mr. Hans Holthuis

Order of:
16 December 2005

PROSECUTOR

v.

MILAN MILUTINOVIC
NIKOLA SAINOVIC
DRAGOLJUB OJDANIC
NEBOJSA PAVKOVIC
VLADIMIR LAZAREVIC
VLASTIMIR DJORDJEVIC
SRETEN LUKIC

__________________________________________________

STAY OF TRIAL CHAMBER DECISION

_________________________________________________

Counsel for the Accused:

Mr. Eugene OíSullivan and Mr. Slobodan Zecevic for Milan Milutinovic
Mr. Toma Fila and Mr. Vladimir Petrovic for Nikola Sainovic
Mr. Tomislav Visnjic and Mr. Peter Robinson for Dragoljub Ojdanic
Mr. John Ackerman and Mr. Aleksander Aleksic for Mr. Nebojsa Pavkovic
Mr. Mihaljo Bakrac for Mr. Vladimir Lazarevic
Mr. Theodore Scudder for Mr. Sreten Lukic

Counsel for NATO

Mr. B. De Vidts

The Office of the Prosecutor:

Mr. Thomas Hannis
Ms. Christina Moeller
Ms. Carolyn Edgerton

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"),

NOTING the Trial Chamberís "Decision on Second Application of Dragoljub Ojdanic for Binding Orders Pursuant to Rule 54bis" ("Decision"), rendered on 17 November 2005;

NOTING that the Trial Chamber suspended the operative effect of the Decision for 21 days;

NOTING the "NATO Request for Review of Decision on Second Application of Dragoljub Ojdanic for Binding Orders Pursuant to Rule 54bis" and the "Request of the United States of America for Review of the Decision on Second Application of Dragoljub Ojdanic for Binding Orders Pursuant to Rule 54bis" ("NATO and United States Request"), both filed in the Appeals Chamber on 2 December 2005;

NOTING the "Request of the United States of America for an Extension of the Stay of the Decision on Second Application of Dragoljub Ojdanic for Binding Orders Pursuant to Rule 54bis Pending Appeal of the Decision", filed in the Trial Chamber on 8 December 2005;

NOTING the "Request of the North Atlantic Treaty Organisation for an Extension of the Stay of the Decision on Second Application of Dragoljub Ojdanic for Binding Orders Pursuant to Rule 54bis Pending Appeal of the Decision", filed in the Trial Chamber on 9 December 2005;

NOTING "General Ojdanicís Submission on Admissibility of Requests for Review", filed by Counsel for the Accused on 6 December 2005, which stated the Accusedís lack of objection to extending the stay;

NOTING the Trial Chamberís "Order Dismissing Requests to Extend the Stay of Enforcement of the Decision on Second Application of Dragoljub Ojdanic for Binding Orders Pursuant to Rule54bis", rendered on 13 December 2005, which refused to extend the stay because, inter alia, the Appeals Chamber is seized of the requests for review;

CONSIDERING that the Trial Chamber has an inherent right to stay its own decisions pending appeal;

CONSIDERING the reasoning of the Trial Chamber in the Decision that the Appeals Chamber was already seized of the NATO and United States Requests;

CONSIDERING that Rule 108bis (C) of the Rules of Procedure and Evidence allows the Appeals Chamber to "at any stage suspend the execution of the impugned decision";

HEREBY STAYS the Decision until such time as the NATO and United States Requests have been resolved.

 

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

Done this 16th day of December 2005,
At The Hague,
The Netherlands.

__________________
Judge Fausto Pocar
President

[Seal of the International Tribunal]