Case: IT-97-24-A

BEFORE THE PRE-APPEAL JUDGE

Before:
Judge Theodor Meron, Pre-Appeal Judge

Registrar:
Mr. Hans Holthuis

Decision of:
5 April 2004

THE PROSECUTOR

v.

MILOMIR STAKIC

_____________________________

DECISION ON PROSECUTION’S URGENT MOTION FOR EXTENSION OF PAGE LIMIT

Counsel for the Prosecutor:

Mr. Norman Farrell

Counsel for the Defence:

Mr. Branko D. Lukic
Mr. John R. Ostojic

I, THEODOR MERON, President 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 "Urgent Prosecution Motion for Extension of Page Limit" ("Motion"), filed on 5 April 2004, which seeks permission to file a response brief not exceeding 130 pages or 39,000 words, whichever is greater;

NOTING the "Order Assigning Judges to a Case Before the Appeals Chamber and Appointing Pre-Appeal Judge" filed on 14 August 2003 which, inter alia, designated me to serve as Pre-Appeal Judge in this case;

CONSIDERING that pursuant to paragraph 7 of the Practice Direction on the Length of Briefs and Motions, IT/184 Rev. 1, 5 March 2002 ("Practice Direction"), variations from page limits may be authorized if requested in advance and supported by an explanation of the exceptional circumstances necessitating the oversized filing;

CONSIDERING that the Motion estimates that the Appellant’s Brief filed by Appellant Milomir Stakic ("Appellant") did not comply with the font and spacing requirements of paragraph (B) of the Practice Direction and exceeded, without prior leave, the word limits set out in paragraph (C)(1)(a) of the Practice Direction;

CONSIDERING that the Practice Direction follows the principle of allowing the respondent to file a brief of the same length as the appellant’s brief;

CONSIDERING the Prosecution’s statement in the Motion that it requires an additional thirty pages to respond adequately to the arguments raised in the Appellant’s Brief;

CONSIDERING that counsel for the Appellant stated at the status conference held before me today that the Appellant does not oppose the Motion;

FINDING that the requirements of paragraph 7 of the Practice Direction have been met and that the variation sought is warranted in this case;

FOR THE FOREGOING REASONS,

HEREBY GRANT the Motion; and

ORDER that the Prosecution may file a reply brief not exceeding 130 pages or 39,000 words in length, whichever is greater, on or before 8 April 2004.

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

Dated this 5^th day of April 2004,
At The Hague,
The Netherlands.

______________
Judge Theodor Meron
Pre-Appeal Judge

[Seal of the International Tribunal]