The Prosecutor v. Zejnil Delalic,
Zdravko Mucic (a/k/a "Pavo"), Hazim Delic, Esad Landzo (a/k/a
"Order appointing a Pre-trial Judge"
12 October 1999
Judges Hunt (Presiding), Riad, Wang, Nieto-Navia and Bennouna
Article 21(4)(c) of the Statute and Rules 65 ter and 107 of the Rules of Procedure and Evidence - pre-appeal Judge.
The Appeals Chamber can appoint a pre-appeal Judge who, prior to the beginning of the hearing of the Appeal, will exercise functions similar to those of the pre-trial Judge during the pre-trial proceedings.
The Appeals Chamber considered that it was in the interest of justice and of a more expeditious and effectively managed appeal to appoint a Judge ("pre-appeal Judge") who, on behalf of the Appeals Chamber, will be responsible for certain matters arising prior to the commencement of the hearing of the Appeal. It based its decision on Rules 65 ter and 107 of the Rules of Procedure and Evidence. Rule 65 ter provides that a trial Chamber may at any time "designate from among its members a Judge responsible for the pre-trial proceedings ("pre-trial Judge")." Rule 107 says that "the rules of procedure and evidence that govern the proceedings in the Trial Chamber shall apply mutatis mutandis to proceedings in the Appeals Chamber."
The pre-appeal Judge for this appeal will be responsible for 1) the determination of all pre-appeal motions of a procedural nature under Rule 73, with the power to refer to the Appeals Chamber any such motions as he considers appropriate and 2) the conduct of one or more Status Conferences prior to the hearing of the Appeal.