Case No.: IT-02-54-T

IN THE TRIAL CHAMBER

Before:
Judge Richard May, Presiding
Judge Patrick Robinson
Judge O-Gon Kwon

Registrar:
Mr. Hans Holthuis

Decision of:
5 February 2004

PROSECUTOR

v.

SLOBODAN MILOSEVIC

_________________________________________________

DECISION ON PROSECUTIONíS MOTION UNDER RULE 73 (A) FOR A RULING ON THE COMPETENCE OF THE AMICI CURIAE TO PRESENT A MOTION FOR JUDGEMENT OF ACQUITTAL UNDER RULE 98 BIS

__________________________________________________

The Office of the Prosecutor

Ms. Carla Del Ponte
Mr. Geoffrey Nice
Mr. Dermot Groome

The Accused

Mr. Slobodan Milosevic

Amici Curiae

Mr. Steven Kay, QC
Mr. Branislav Tapuskovic
Prof. 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 ("the International Tribunal"),

BEING SEISED of a "Prosecutionís Motion Under Rule 73 (A) for a Ruling on the Competence of the Amici Curiae to Present a Motion for Judgement of Acquittal Under Rule 98 bis", filed on 4 February 2004 ("Motion"), in which the Prosecution seeks reconsideration of the Trial Chamberís Order of 27 June 20031 to the effect that the Amici Curiae may file a Motion pursuant to Rule 98 bis of the Rules of Procedure and Evidence of the International Tribunal ("Rules"), and for consequential orders,

CONSIDERING that it was open to the Prosecution to seek certification to appeal the Trial Chamberís Previous Order within seven days of that Order, but that the time for such an application has long since expired,

CONSIDERING that the main ground for reconsideration of the Previous Order asserted by the Prosecution is a Separate Opinion by Judge Shahabuddeen in a recent Appeals Chamber Decision,2

CONSIDERING that the Appeals Chamber itself in that case decided to consider the appeal brought by the Amici Curiae, and in so doing proceeded on the basis they had locus standi,

CONSIDERING that the filing by the Amici Curiae of a Motion pursuant to Rule 98 bis does not in any way prejudice the Prosecution, does not infringe the interests of the Accused, and that it is in the interests of justice as a whole for the Motion to be brought,

PURSUANT TO Rule 54 of the Rules

HEREBY DISMISSES THE MOTION.

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

_____________
Patrick Robinson
Judge

Dated this fifth day of February 2004
At The Hague
The Netherlands

[Seal of the Tribunal]


1. "Order on Amici Curiae Request Concerning the Manner of Their Future Engagement and Procedural Directions Under Rule 98 bis", 27 June 2003 ("Previous Order").
2. "Decision on the Interlocutory Appeal by the Amici Curiae Against the Trial Chamber Order Concerning the Presentation and Preparation of the Defence Case", 20 January 2004 ("Appeals Chamber Decision").