Case No. IT-02-60/1-A

BEFORE THE PRE-APPEAL JUDGE

Before:
Judge Mehmet Güney

Registrar:
Mr. Hans Holthuis

Decision:
22 November 2004

Momir NIKOLIC

v.

THE PROSECUTOR

_____________________________________

DECISION ON PROSECUTION’S MOTION FOR EXTENSION OF PAGES

_____________________________________

Counsel for the Appellant:

Ms. Virginia C. Lindsay

Counsel for the Prosecutor:

Mr. Norman Farrell

I, MEHMET GÜNEY, Judge of 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"),

BEING SEISED OF the "Prosecution’s Motion for Extension of Pages" filed on 17 November 2004 by the Prosecution ("Motion"), whereby it requests leave to file the attached "Prosecution’s Motion to Strike" (Annex 1) which exceeds the page limit set out in paragraph (C)(7) of the Practice Direction on the Length of Briefs and Motions of 7 March 2002 ("Practice Direction") with 5,874 words;

NOTING that the Prosecution submits, inter alia, that the Prosecution’s Motion to Strike is directed against arguments raised by the Defence in four different filings made in reply¹ and that the extension requested would allow it to file one motion instead of four, and to address the Defence arguments most efficiently;²

NOTING paragraph (C)(5) of the Practice Direction which provides that motions, replies and responses before a Chamber will not exceed 10 pages or 3,000 words, whichever is greater;

CONSIDERING that paragraph (C)(7) of the Practice Direction states that a party seeking authorisation to exceed the prescribed page limits "must provide an explanation of the exceptional circumstances that necessitate the oversized filing";

FINDING that, in the circumstances of the case, the requirements of paragraph (C)(7) of the Practice Direction have been met and that the variation sought is warranted;

GRANT the authorisation sought by the Prosecution to exceed the applicable page limit set out in the Practice Direction;

INSTRUCT the Registry to file the Prosecution’s Motion to Strike enclosed in this Motion as Annex 1 as a separate motion no later than 23 November;

REMIND Momir Nikolic that under the Practice Direction on Procedure for the Filing of Written Submissions in Appeal Proceedings before the International Tribunal of 7 March 2002, his response to the Prosecution’s Motion to Strike is due within ten days of the filing of the Prosecution’s Motion to Strike.

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

Done this 22^nd day of November 2004,
At The Hague, The Netherlands.

______________________
Mehmet Güney
Pre-Appeal Judge