THE PRESIDENT OF THE INTERNATIONAL TRIBUNAL

Before:
Judge Theodor Meron, President

Registrar:
Mr. Hans Holthuis

Order of:
5 October 2004

THE PROSECUTOR

v.

Radovan STANKOVIC

___________________________________________________

ORDER APPOINTING A TRIAL CHAMBER FOR THE PURPOSES OF DETERMINING WHETHER THE INDICTMENT SHOULD BE REFERRED TO ANOTHER COURT UNDER RULE 11 BIS

___________________________________________________

The Office of the Prosecutor

Carla Del Ponte, Prosecutor
Jan Wubben, Senior Trial Attorney

Counsel for the Defence:

Milenko Radovic

 

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,

BEING SEISED OF the "Motion by the Prosecutor under Rule 11bis of Rules of Procedure and Evidence for Referral of Indictment to Another Court," filed on 21 September 2004, in which the Prosecutor requests that this case be referred to the authorities of Bosnia and Herzegovina for trial in their own courts;

NOTING that the indictment against the accused has been confirmed;

NOTING that under Rule 11bis (A)(i) of the Rules of Procedure and Evidence, after an indictment against an accused has been confirmed, the President of the Tribunal may appoint a Trial Chamber for the purpose of referring a case to the authorities of a State in whose territory the crime was committed;

NOTING the Prosecutionís submission that in the present case, the crimes charged in the indictment were committed on the territory of Bosnia and Herzegovina;

NOTING my "Preliminary Order in Response to the Prosecutorís Motion Under Rule 11bis" issued on 27 September 2004, and my "Order Transferring a Motion Pursuant to Rule 11bis" issued on 5 October 2004;

NOTING the composition of the Trial Chambers of the Tribunal, as set out in document IT/228, issued on 7 June 2004;

HEREBY APPOINT, effective immediately, the following Judges to constitute the Trial Chamber for the purpose of determining whether this case should be referred to the authorities of Bosnia-Herzegovina pursuant to Rule 11bis:

Judge Alphons Orie

Judge O-Gon Kwon

Judge Kevin Parker

 

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

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

_____________________
Judge Theodor Meron
President

[Seal of the Tribunal]