IN THE APPEALS CHAMBER
Before:
Judge Richard May, Presiding
Vice-President Florence Ndepele Mwachande Mumba
Judge Wang Tieya
Judge David Hunt
Judge Patrick Robinson
Registrar:
Mrs. Dorothee de Sampayo Garrido-Nijgh
Order of:
8 December 1999
PROSECUTOR
v.
ZLATKO ALEKSOVSKI
_________________________________________
SCHEDULING ORDER
_________________________________________
The Office of the Prosecutor:
Mr. Upawansa Yapa
Mr. Anura Meddegoda
Mr. Norman Farrell
Counsel for the Defence:
Mr. Srdjan Joka
THE APPEALS CHAMBER 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"),
NOTING the "Defendants Notice of Appeal Pursuant to Rule 108", filed on 17 May 1999, "Zlatko Aleksovskis Appellants Brief in Opposition to the Condemnatory Part of the Judgement dated 25 June 1999", filed on 24 September 1999, the "Respondents Brief of the Prosecution", filed on 25 October 1999, "The Appellants Brief in Reply to the Respondents Brief of the Prosecution", filed on 10 November 1999, and the arguments raised therein (together the "Appeal of Zlatko Aleksovski");
NOTING the "Prosecutions Notice of Appeal", filed on 19 May 1999, the "Prosecutions Appeal Brief", filed on 24 September 1999, "The Appellants Brief in Reply to the Prosecutions Appeal Brief", filed on 25 October 1999, the "Brief in Reply of the Prosecution", filed on 10 November 1999, and the arguments raised therein (together the "Appeal of the Prosecution");
CONSIDERING that the Appeals Chamber would be assisted by additional submissions from both Counsel for Zlatko Aleksovski and the Prosecution;
PURSUANT TO Rules 54 and 114 of the Rules of Procedure and Evidence of the International Tribunal;
HEREBY ORDERS as follows:
1. Counsel for Zlatko Aleksovski and the Prosecution shall by 11 January 2000 file additional submissions on the following issues:
(1) the doctrine of stare decisis, its applicability, if at all, to proceedings before the International Tribunal and in particular to this case;
(2) how the defence of "necessity" referred to in the Appeal of Zlatko Aleksovski was raised before the Trial Chamber and what evidence presented to the Trial Chamber relates to it.
2. The hearing in this matter will be held on 9 February 2000 at 9:30 a.m. whereby the parties may supplement their Appeal Briefs with oral argument. Zlatko Aleksovski is to appear at the hearing.
Done in both English and French, the English text being authoritative.
_____________________________
Richard May
Presiding
Dated this eighth day of December 1999
At The Hague,
The Netherlands.
[Seal of the Tribunal]