Case No.: IT-02-54-T
IN THE TRIAL CHAMBER

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

Registrar:
Mr. Hans Holthuis

Order of:
21 April 2004

PROSECUTOR

v.

SLOBODAN MILOSEVIC

_____________________________

ORDER ON THE AMENDED BOSNIA INDICTMENT

_____________________________

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
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 ("International Tribunal"),

NOTING that

  1. On 17 September 2002, the Trial Chamber issued a "Scheduling Order Concerning Amending the Croatia and Bosnia Indictments", ordering the Prosecution to do the following:
    1. amend the Croatia and Bosnia indictments so as to clarify and bring them into line with the stipulations made by the Prosecution with respect to the reduction of the case against the Accused during the pre-trial stage of the proceedings; and
    2. file the amended indictments by the commencement of the Croatia and Bosnia parts of the proceedings, being 26 September 2002;

  2. On 23 October 2002, the Prosecution filed its confidential "Amended Croatia Indictment and Prosecutionís Motion for Further Variation of the Trial Chamberís Order of 17 September 2002", which (1) requested an extension of time within which to file the amended Bosnia indictment, and (2) attached the draft amended Bosnia indictment, highlighting the portions that the Prosecution intended to remove from the initial Bosnia indictment;
  3. On 4 November 2002, the Trial Chamber issued its "Order Granting Further Prosecution Motion to Vary Time for Filing an Amended Bosnia Indictment", which ordered the Prosecution to file the amended Bosnia indictment by 24 November 2002; and
  4. On 22 November 2002, the Prosecution filed its "Motion to Amend the Bosnia Indictment with Confidential Annex B", which attached the amended Bosnia indictment, and informed the Trial Chamber (in confidential Annex B to that filing) that further changes to the indictment may be necessary, including the counts relating to Srebrenica and Sarajevo,

CONSIDERING that as a result of the content of confidential Annex B to the Prosecution Motion of 22 November 2002, and the expectation that the Prosecution would seek to make further amendments to that indictment, the Trial Chamber did not confirm the amended Bosnia indictment as filed at that time,

NOTING that the Prosecution has, in fact, proposed no further amendments to the amended Bosnia indictment, and that the Prosecution case has now closed,

CONSIDERING that confirmation of the amended indictment as operating from the date of its filing has no impact on the Rule 98 bis Motion, because (a) the Amici Curiae have relied in its Motion on the amended indictment of 22 November 2002, and (b) it was the Prosecution that sought to amend the indictment at that time,

PURSUANT TO Rule 50 of the Rules of Procedure and Evidence of the International Tribunal

HEREBY CONFIRMS that the operative Bosnia indictment is the Bosnia indictment as amended on 22 November 2002.

 

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

__________
Judge Robinson
Presiding

Dated this twenty-first day of April 2004
At The Hague
The Netherlands

[Seal of the Tribunal]