Judge Lal Chand Vohrah, Presiding
Judge Wang Tieya
Judge Rafael Nieto-Navia

Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of:
25 March 1999



Drago JOSIPOVIC, Dragan PAPIC, Vladimir SANTIC, also known as "VLADO"




The Office of the Prosecutor:

Mr. Franck Terrier
Mr. Michael Blaxill

Counsel for the Accused:

Mr. Ranko Radovic, for Zoran Kupreskic
Ms. Jadranka Glumac, for Mirjan Kupreskic
Mr. Borislav Krajina, Mr. Zelimir Par, for Vlatko Kupreskic
Mr. Luko Susak, Ms. Goranka Herljevic, for Drago Josipovic
Mr. Petar Puliselic, Ms. Nika Pinter, for Dragan Papic
Mr. Petar Pavkovic, for Vladimir Santic


This Bench 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 ("the International Tribunal");

NOTING the "Request of the Defence Counsel for Drago Joispovic SsicC for the Leave to Appeal Against the Oral Decision of the Trial Chamber Dated 5 March 1999", filed on 12 March 1999 ("the Application");

NOTING ALSO "the Appeal Against the Oral Decision of the Trial Chamber Dated 5 March 1999 of the Defence Counsel for Drago Joispovic SsicC", filed on 12 March 1999;

CONSIDERING that the Application does not specify any provision of the Rules of Procedure and Evidence of the International Tribunal ("the Rules") under which leave to appeal is being sought, and that it fails to indicate with sufficient clarity the grounds on which it is contended that such leave should be granted;

CONSIDERING that the Trial Chamber’s oral decision of 5 March 1999, against which leave to appeal is being sought in the Application, was not a decision on a preliminary motion within the meaning of Sub-rule 72(A) of the Rules;

TREATING, therefore, the Application as falling within Sub-rule 73(B) of the Rules;

NOTING that this rule provides as follows:

Decisions on such motions are without interlocutory appeal save with the leave of a bench of three Judges of the Appeals Chamber which may grant such leave

(i) if the decision impugned would cause such prejudice to the case of the party seeking leave as could not be cured by the final disposal of the trial including post-judgement appeal; or

(ii) if the issue in the proposed appeal is of general importance to proceedings before the Tribunal or in international law generally;

HEREBY ORDERS, unanimously, Counsel for Drago Josipovic to submit a written brief by 6 April 1999 clearly stating, with reference to the applicable provision or provisions of Sub-rule 73(B), the specific grounds on which leave to appeal is being sought.


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


Judge Lal Chand Vohrah

Dated this twenty-fifth day of March 1999
At The Hague,
The Netherlands.

[Seal of the Tribunal]