Case No.: IT-05-87-PT

IN TRIAL CHAMBER III

Before:
Judge Patrick Robinson, Presiding
Judge O-Gon Kwon
Judge Iain Bonomy

Registrar:
Mr. Hans Holthuis

Order of:
16 November 2005

PROSECUTOR

v.

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

_______________________________________

ORDER REGARDING PROSECUTION’S WITHDRAWAL OF RESPONSE TO DRAGOLJUB OJDANIC’S REQUEST TO FILE A REPLY BRIEF

_______________________________________

The Office of the Prosecutor:

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

Counsel for the Accused:

Mr. Eugene O’Sullivan and Mr. Slobodan Zecevic for Milan Milutinovic
Mr. Tomislav Visnjic and Mr. Peter Robinson for Dragoljub Ojdanic
Mr. Toma Fila and Mr. Vladimir Petrovic for Nikola Sainovic
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

 

THIS TRIAL 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,

NOTING "General Ojdanic’s Preliminary Motion Challenging Jurisdiction: Indirect Co-Perpetration," filed on 7 October 2005 ("Preliminary Motion") by Dragoljub Ojdanic (the "Accused"),

NOTING the "Prosecution’s Response to General Ojdanic’s Preliminary Motion Challenging Jurisdiction: Indirect Co-Perpetration," filed on 21 October 2005 ("Prosecution’s Response"),

NOTING the "Reply Brief: General Ojdanic’s Preliminary Motion Challenging Jurisdiction: Indirect Co-Perpetration," filed on 31 October 2005 ("Reply Brief"), which inter alia sought leave pursuant to Rule 126 bis of the Rules of Procedure and Evidence to reply to the Prosecution’s Response, and to do so after expiration of Rule 126 bis’s seven-day filing deadline,

NOTING the "Prosecution’s Response to the Request by General Ojdanic for Leave to File a ‘Reply Brief’ (Rule 126 bis)," filed on 3 November 2005, which opposed the Accused’s request to file the Reply Brief,

NOTING the Prosecution’s "Notice of Withdrawal of the Response to the Request by General Ojdanic for Leave to File a ‘Reply Brief’ (Rule 126 bis) and Request for Leave to File a Sur-Reply," filed on 14 November 2005, which withdrew the Prosecution’s opposition to the Accused’s request to file the Reply Brief and requested seven days in which to file a sur-reply to the Reply Brief,

CONSIDERING that the issues discussed in the Preliminary Motion and Prosecution’s Response merit further submissions,

CONSIDERING that the Accused has shown, pursuant to Rule 127(A), good cause for filing the Reply Brief after expiration of Rule 126 bis’s seven-day filing deadline,

PURSUANT TO Rules 126 bis and 127(A),

HEREBY

  1. GRANTS leave to the Accused to file the Reply Brief; and

  2. GRANTS leave to the Prosecution to file a sur-reply within seven days of the filing of this Order.

 

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

_______________________
Judge Robinson
Presiding

Dated this sixteenth day of November 2005
At The Hague
The Netherlands

[Seal of the Tribunal]