Before: Judge Mohamed Bennouna, Presiding
Judge Lal Chand Vohrah
Judge Rafael Nieto-Navia
Judge Patricia Wald
Judge Fausto Pocar

Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of:
16 May 2000







Counsel for the Prosecutor:

Mr. Upawansa Yapa

Counsel for the Defence:

Mr. Ranko Radovic, Mr. Tomislav Pasaric for Zoran Kupreskic
Ms. Jadranka Slokovic-Glumac, Ms. Desanka Vranjican for Mirjan Kupreskic
Mr. Borislav Krajina, Mr. Zelimir Par for Vlatko Kupreskic
Mr. Luko Susak, Ms. Goranka Herljevic for Drago Josipovic
Mr. Petar Pavkovic, Mr. Mirko Vrdoljak for Vladimir Šantic


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");

BEING SEISED of the following notices of appeal which have been filed from the Judgement of Trial Chamber I in the Prosecutor v. Kupreškic et al, dated 14 January 2000:

  1. Vladimir Santic’s Notice of Appeal dated 24 January 2000
  2. Vlatko Kupreskic’s Notice of Appeal dated 26 January 2000
  3. Drago Josipovic’s Notice of Appeal dated 26 January 2000
  4. Zoran Kupreskic’s Notice of Appeal dated 27 January 2000
  5. Mirjan Kupreskic’s Notice of Appeal dated 28 January 2000
  6. Prosecution’s Notice of Appeal dated 31 January 2000

NOTING the provisions of Article 21, paragraph 4(c), of the Statute of the International Tribunal ("Statute"), which guarantees the accused's right "to be tried without undue delay" and Article 20, paragraph 1, of the Statute, which enshrines the right to "a fair and expeditious" trial;

CONSIDERING that the accused’s right to a fair and expeditious trial includes the conduct of appellate proceedings pursuant to Article 25 of the Statute;

NOTING Rule 65ter of the Rules of Procedure and Evidence of the International Tribunal ("Rules") which provides that a "Trial Chamber may, at any time, designate from among its members a Judge responsible for the pre-trial proceedings" ("pre-trial Judge");

NOTING the powers of a pre-trial Judge as set out in Rule 65ter of the Rules;

CONSIDERING that Rule 65ter is a rule that governs proceedings in the Trial Chambers;

NOTING Rule 107 of the Rules which provides that the "rules of procedure and evidence that govern proceedings in the Trial Chambers shall apply mutatis mutandis to proceedings in the Appeals Chamber";

CONSIDERING that it is in the interests of justice and of a more expeditious and effectively managed appeal to appoint a Judge to be responsible on behalf of the Appeals Chamber for matters arising prior to the commencement of the hearing of the Appeal ("pre-appeal Judge");

PURSUANT TO Rules 65 ter and 107 of the Rules;

HEREBY DESIGNATES Judge Mohamed Bennouna to be the pre-appeal Judge in this Appeal, such appointment to take effect forthwith;

AND ENTRUSTS the pre-appeal Judge with (i) the determination of all pre-appeal motions of a procedural nature under Rule 73 as it applies to the Appeals Chamber, with the power to refer to the Appeals Chamber any such motions as he considers appropriate, and (ii) the conduct of one or more Status Conferences prior to the hearing of the Appeal, in order to determine, in consultation with the Appeals Chamber, the procedures to be followed in that hearing.

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


Mohamed Bennouna
Presiding Judge

Done this 16th day of May 2000,
At The Hague,
The Netherlands.

[Seal of the Tribunal]