TABLE OF CONTENTS

I. INTRODUCTION

A. Procedural Background

(a) Filings
(b) Grounds of Appeal

2. The Cross-Appeal
3. Relief Requested

(a) The Appeal against Judgement
(b) The Cross-Appeal

II. FIRST GROUND OF APPEAL BY THE APPELLANT: LACK OF REQUISITE MENS REA

A. Submissions of the Parties

1. Appellant’s Brief
2. Prosecution’s Response
3. Appellant’s Reply

B. Discussion
C. Conclusion

III. SECOND GROUND OF APPEAL OF THE APPELLANT: THE SERIOUSNESS OF THE VIOLATION AND THE DEFENCE OF NECESSITY

1. Submissions of the Parties

(a) Appellant’s Brief
(b) Prosecution’s Response
(c) Oral submissions of the Appellant

2. Discussion
3. Conclusion

B. Defence of Necessity

1. Submissions of the Parties

(a) Appellant’s Brief
(b) Prosecution’s Response
(c) Appellant’s Reply
(d) Appellant’s Additional Submissions
(e) Prosecution’s Additional and Further Additional Submissions

2. Discussion
3. Conclusion

IV. THIRD GROUND OF APPEAL OF THE APPELLANT: FAILURE TO CORRECTLY APPLY THE STANDARD OF PROOF BEYOND REASONABLE DOUBT

A. Submissions of the Parties

1. Appellant’s Brief
2. Prosecution’s Response

B. Discussion
C. Conclusion

V. FOURTH GROUND OF APPEAL OF THE APPELLANT: THE TRIAL CHAMBER ERRED IN ITS APPLICATION OF ARTICLE 7(3) OF THE STATUTE TO THE FACTS IN THIS CASE

A. Submissions of the Parties

1. Appellant’s Brief
2. Prosecution’s Response
3. Appellant’s Reply

B. Discussion
C. Conclusion

VI. FIRST GROUND OF CROSS-APPEAL BY THE PROSECUTION: INTERNATIONALITY AND "PROTECTED PERSONS"

A. Submissions of the Parties

1. Cross-Appellant’s Brief
2. Appellant’s Response
3. Cross-Appellant’s Reply
4. Prosecution’s Additional Submissions
5. Appellant’s Additional Submissions

1. Whether the Appeals Chamber is Bound to Follow its Previous Decisions
2. Whether the Decisions of the Appeals Chamber are Binding on Trial Chambers
3. Whether the Decisions of the Trial Chambers are Binding on Each Other
4. The Ground of Appeal

(a) The Criteria for Determining the International Character of the Armed Conflict

(i) What is the applicable law on this issue?
(ii) If the "overall control" test is the applicable law, did the Trial Chamber fail to apply it?

(b) The Criteria for Determining Whether the Bosnian Muslim Victims were Protected Persons under Article 4 of Geneva Convention IV
(c) The Prosecution’s Application to Reverse the Acquittal on Counts 8 and 9

VII. SECOND GROUND OF CROSS-APPEAL BY THE PROSECUTION: RESPONSIBILITY FOR THE MISTREATMENT OF PRISONERS OUTSIDE THE PRISON

A. Submissions of the Parties

1. Cross-Appellant’s Brief
2. Appellant’s Respons
3. Cross-Appellant’s Reply

B. Discussion
C. Conclusion

VIII. THIRD GROUND OF CROSS-APPEAL BY THE PROSECUTION: ERROR IN SENTENCING

A. Background
B. Submissions of the Parties
C. Oral Hearing
D. Discussion
E. Conclusion

IX. DISPOSITION

X. DECLARATION OF JUDGE HUNT