Case: IT-98-29/1-PT
THE PRESIDENT OF THE INTERNATIONAL TRIBUNAL
Before:
Judge Theodor Meron, President
Registrar:
Mr. Hans Holthuis
Order of:
1 February 2005
THE PROSECUTOR
v.
Dragomir MILOSEVIC
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ORDER APPOINTING A TRIAL CHAMBER FOR THE PURPOSE OF DETERMINING WHETHER AN INDICTMENT SHOULD BE REFERRED TO ANOTHER COURT UNDER RULE 11BIS
____________________________________________________
Counsel for the Prosecutor:
Carla Del Ponte, Prosecutor
Counsel for the Defence:
Branislav Tapuskovic
I, THEODOR MERON, President 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 "Motion by the Prosecutor Under Rule 11bis (A)" ("Motion") filed on 31 January 2005, in which the Prosecutor requests the President of the Tribunal pursuant to Rule 11bis (A) to appoint a Trial Chamber to review a request that the case of Dragomir Milosevic be referred to the authorities of Bosnia and Herzegovina for trial by an appropriate court within that State;
NOTING that the indictment against the accused has been confirmed;
NOTING that under Rule 11bis (A)(i) of the Rules of Procedure and Evidence, after an indictment against an accused has been confirmed, the President of the Tribunal may appoint a Trial Chamber for the purpose of referring a case to the authorities of a State in whose territory the crime was committed, in which the accused was arrested, or having jurisdiction and being willing and adequately prepared to accept such a case;
NOTING the Prosecution’s submission that the crimes alleged in the indictment against the accused took place in the territory of Bosnia and Herzegovina;
NOTING the composition of the Trial Chambers of the Tribunal, as set out in document IT/228, issued on 7 June 2004;
HEREBY APPOINT, effective immediately, the following Judges to constitute the Trial Chamber for the purpose of determining whether this case should be referred to the authorities of Bosnia and Herzegovina pursuant to Rule 11bis:
Judge Alphons Orie
Judge O-Gon Kwon
Judge Kevin Parker
Done in English and French, the English text being authoritative.
Dated this 1st day of February 2005,
At The Hague,
The Netherlands.
_________________
Judge Theodor Meron
President
[Seal of the Tribunal]