Before: Judge Richard May

Judge Mohamed Bennouna

Judge Patrick Robinson

Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of: 13 January 1999








The Office of the Prosecutor:

Mr. Geoffrey Nice
Ms. Susan Somers
Mr. Patrick Lopez-Terres
Mr. Kenneth Scott

Counsel for the Accused:

Mr. Mitko Naumovski, Mr. Leo Andreis, Mr. Turner Smith, Mr. David Geneson and Mr. Ksenija Durkovic, for Dario Kordic
Mr. Bozidar Kovacic, for Mario Cerkez


THIS TRIAL 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"),

BEING SEISED, inter alia, of the "Prosecutor’s Request for Hearing on Hunton & Williams’ Legal Representation of both the Government of the Republic of Croatia and the accused Dario Kordic ("the Application concerning Legal Representation"), filed by the Office of the Prosecutor ("Prosecution") on 18 December 1998,

NOTING that, at a status conference held on 8 January 1999, the Defence for the accused, Dario Kordic, undertook to provide a formal acknowledgement for the record in connection with the Application concerning Legal Representation;

NOTING that, at the status conference, the Defence indicated its intention, following the amendment of the indictment, to withdraw the preliminary motions already filed pursuant to Rule 72 of the Rules of Procedure and Evidence of the International Tribunal ("the Rules") and to submit within fourteen days further preliminary motions as indicated on two lists presented to the Trial Chamber at the status conference,

NOTING that the Defence also indicated that it may seek to file additional preliminary motions relating to the question of jurisdiction, following the determination by the Trial Chamber of a Motion to Clarify filed by the Defence on 16 December 1998, and requested that it be granted a further period of fourteen days in which to file such preliminary motions,

PURSUANT TO Rules 54 and 73 bis of the Rules,


  1. all preliminary motions filed by the Defence prior to the date of this Order are withdrawn;
  2. the Defence shall file the preliminary motions indicated in the lists submitted to the Trial Chamber by Friday 22 January 1999;
  3. the Prosecution shall file its responses to such preliminary motions by Friday 5 February 1999;
  4. the Defence for the accused, Dario Kordic, shall file the agreed acknowledgement in connection with the Application concerning Legal Representation by Friday 22 January 1999;
  5. the Defence shall file any additional preliminary motions on the question of jurisdiction by Friday 5 February 1999;
  6. the Prosecution shall file its responses to any such additional preliminary motions by Friday 12 February 1999;
  7. no further filings on these motions will be accepted by the Trial Chamber without prior leave granted upon an application in writing;
  8. the Trial Chamber shall hear oral argument on all preliminary motions and any other outstanding motions on Tuesday 16 February 1999, commencing at 2 p.m;
  9. a pre-trial conference shall be held on Thursday 11 March 1999 by which time the witness list to be served pursuant to Rule 73 bis (B)(iv) shall have been filed;
  10. the Prosecution shall file its pre-trial brief and all other items required pursuant to Rule 73 bis (B) by Thursday 25 March 1999;
  11. the Defence shall file their pre-trial briefs by Tuesday 6 April 1999; and
  12. subject to further order, the trial in this matter shall commence on Monday 12 April 1999, at 10 a.m.

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


Richard May


Dated this thirteenth day of January 1999

At The Hague,

The Netherlands

[The seal of the Tribunal]