Before: Judge David Hunt, Pre-Trial Judge

Registrar: Dorothee de Sampayo Garrido-Nijgh

Order of: 27 March 2000







The Office of the Prosecutor:

Ms Joanna Korner
Mr Michael Keegan
Ms Anne Sutherland

Counsel for the Accused:

Mr John Ackerman for Radoslav Brdanin
Maître Xavier de Roux, Maître Michel Pitron for Momir Talic


I, David Anthony HUNT, Pre-Trial Judge in this case;

NOTING the "Motion for Dismissal of the Indictment” filed by counsel for Momir Talic (“the accused") on 9 February 2000 ("Motion");

NOTING the “Prosecution’s Response to ‘Motion for Dismissal of the Indictment’ Filed by Counsel for the Accused Momir Talic”, filed by the Office of the Prosecutor ("Prosecution") on 28 February 2000 ("Response");

NOTING the "Application for Leave to Reply and Reply to the Response of the Prosecutor of 28 February 2000" filed by the accused on 20 March 2000 ("Application for Leave to Reply");

CONSIDERING that the Response does raise matters which go beyond the issues raised by the Motion, including the submissions in paragraph 5 relating to the Decision on Preliminary Motion on the Form of Amended Indictment, delivered in the Prosecutor v Krnojelac proceedings on 11 February 2000 after the Motion was filed, and the submissions in paragraph 21 relating to the international character of the conflict;

NOTING the Scheduling Order, made by the Pre-Trial Judge on 6 March 2000, which noted that "the right of the Prosecution to respond to any such Reply will depend upon whether the Reply raises any issue which goes beyond the issues raised in the Response already filed";

CONSIDERING that the Reply raises, in paragraph 2 of Section II, a new legal argument relating to Article 10 of the Statute of the Tribunal which goes beyond the issues raised in the Response ("Additional Argument");


1.    The Application for Leave to Reply is granted; and

2.    The Prosecution may file a response, if any, to the Additional Argument by 4.30 pm on Monday 3 April.


Done in both English and French, the English version being authoritative.

Judge David Hunt
Pre-Trial Judge

Dated this 27 March 2000
At The Hague
The Netherlands

[Seal of the Tribunal]