The Prosecutor v. Slobodan Milosevic - Case No. IT-02-54-T

“Decision on Prosecution’s 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”

5 February 2004
Trial Chamber III (Judges May [Presiding], Robinson and Kwon)

Procedural Background

On 4 February 2004, the Prosecution sought reconsideration of the order of the Trial Chamber of 27 June 2003¹ to the effect that the amici curiae may file a motion pursuant to Rule 98 bis.²

Decision

The Trial Chamber dismissed the motion.

Reasoning

The Trial Chamber noted that under Rule 73(C) the Prosecution should have filed its request for certification to appeal the Chamber’s order of 27 June 2003 within seven days of its filing but that it only sought certification following the Separate Opinion of Judge Shahabuddeen in a recent Appeals Chamber’s decision in the same case.³

However, it held 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”.⁴

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1. Milosevic, IT-02-54-T, Order on Amici Curiae Request Concerning the Manner of their Future Engagement and Procedural Directions Under Rule 98 bis, 27 June 2003.
2. Milosevic, IT-02-54-T, Prosecution’s 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.
3. Milosevic, IT-02-54-AR73.6, Decision on the Interlocutory Appeal by the Amici Curiae against the Trial Chamber Order Concerning the Presentation and Preparation of the Defence Case (“Appeals Chamber Decision”), 20 January 2004, present issue of the Judicial Supplement.
4. For similar arguments, see the Appeals Chamber Decision, para. 5.