Case No.: IT-98-33-A


Judge Theodor Meron, Presiding
Judge Fausto Pocar
Judge Wolfgang Schomburg
Judge Mohamed Shahabuddeen
Judge Mehmet Güney

Mr. Hans Holthuis

Order of:
24 September 2003







Counsel for the Prosecutor:

Mr. Norman Farrell

Counsel for the Defence:

Mr. Nenad Petrusic
Mr. N. Sepenuk


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,

BEING SEISED of the "Written Notice of Appeal" filed by Radislav Krstic on 15 August 2001 and the "Prosecutionís Notice of Appeal" filed on 16 August 2001;

NOTING the "Decision on Applications for Admission of Additional Evidence on Appeal", issued on 5 August 2003 ("Decision of 5 August 2003"), in which the Defenceís motion pursuant to Rule 115 of the Rules of Procedure and Evidence ("Rules") was granted in part insofar as one witness statement (tab 5) and three police reports (tabs 1, 2 and 3) were admitted into the appeal proceedings without prejudice to the determination of the weight to be afforded to the evidence;

NOTING the "Decision on Application for Admission of Further Additional Evidence on Appeal" issued on 15 September 2003, dismissing the Defenceís motion for the admission of further additional evidence;

NOTING the "Defence Reply to the Prosecutionís Response to Defence Motions for Admission of Additional Evidence under Rule 115" which was filed confidentially on 12 February 2003, in which the Defence seeks, inter alia, to call the witness whose statement constitutes tab 5;

NOTING that Rule 114 provides that after "the expiry of the time-limits for filing the briefs provided for in Rules 111, 112 and 113, the Appeals Chamber shall set the date for the hearing and the Registrar shall notify the parties";


  1. The Defence shall by 1 October 2003 file a notice indicating whether it intends to call the witness whose statement constitutes tab 5.
  2. The Prosecution shall by 3 October 2003 file a notice indicating whether it seeks the admission of any rebuttal evidence and if so shall:
  3. (a) attach the evidence in rebuttal;

    (b) state how that evidence rebuts the additional evidence admitted by the Decision of 5 August 2003;

    (c) state whether it seeks the admission of any of its rebuttal evidence through oral testimony or pursuant to Rule 92bis.

  4. If necessary, an evidentiary hearing shall take place on Friday 21 November 2003;
  5. The evidentiary hearing will be conducted as a public hearing unless either the Defence or the Prosecution files a request by 1 October 2003 for protective measures under Rule 75 specifying the protective measures requested.
  6. The hearing of the appeal shall take place on Monday 24 and Tuesday 25 November 2003.

A scheduling order shall be issued in due course providing further details of the hearings.


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

Judge Theodor Meron

Dated this 24th day of September 2003,
At The Hague,
The Netherlands.

[Seal of the Tribunal]