IN THE TRIAL CHAMBER
Before:
Judge Richard May, Presiding
Judge Patrick Robinson
Judge O-Gon Kwon
Registrar:
Mr. Hans Holthuis
Order of:
6 May 2003
PROSECUTOR
v.
SLOBODAN MILOSEVIC
________________________________________________
DECISION ON TWO PROSECUTION REQUESTS FOR CERTIFICATION OF APPEAL AGAINST DECISIONS OF THE TRIAL CHAMBER
_________________________________________________
The Office of the Prosecutor
Ms. Carla Del Ponte
Mr. Geoffrey Nice
Mr. Dermot Groome
The Accused
Slobodan Milosevic
Amici CuriaeMr. Steven Kay, QC
Mr. Branislav Tapuskovic
Mr. Timothy L.H. McCormack
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 ("International Tribunal"),
BEING SEISED OF two Motions entitled "Prosecution’s Request for Certification Under Rule 73 (B)", one filed on 22 April 2003 and the other on 23 April 2003 ("Request"), in which the Prosecution requests the Trial Chamber to certify certain issues for appeal pursuant to Rule 73(B), as follows:
HAVING CONSIDERED the Prosecution submissions in its Request,
NOTING that Rule 73 (B) requires two criteria to be satisfied before the Trial Chamber can exercise its discretion to certify a decision for interlocutory appeal: (1) that the issue would significantly affect the fair and expeditious conduct of the proceedings or outcome of the trial, and (2) an immediate resolution of the issue may, in the opinion of the Trial Chamber, materially advance the proceedings,1
CONSIDERING that, in respect of both applications, the Trial Chamber is satisfied that the cumulative requirements under Rule 73 (B) have been satisfied,
PURSUANT TO Rule 73(B) of the Rules of Procedure and Evidence of the International Tribunal
HEREBY GRANTS BOTH REQUESTS FOR CERTIFICATION ON APPEAL.
Done in English and French, the English text being authoritative.
__________________
Richard May
Presiding
Dated this sixth day of May 2003
At The Hague
The Netherlands
[Seal of the Tribunal]