Judge Almiro Rodrigues, Presiding
Judge Fouad Riad
Judge Patricia Wald

Mrs. Dorothee de Sampayo Garrido-Nijgh

Decision of:
23 November 2000





The Office of the Prosecutor:

Ms. Brenda Hollis
Mr. Michael Keegan
Mr. Kapila Waidyaratne

Defence Counsel:

Mr. Krstan Simic for Miroslav Kvocka
Mr. Zarko Nikolic for Milojica Kos
Mr. Toma Fila for Mladjo Radic
Mr. Slobodan Stojanovic for Zoran Zigic
Mr. Jovan Simic for Dragoljub Prcac


I, Judge Almiro Rodrigues, Presiding Judge of Trial Chamber I (hereinafter "the 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 (hereinafter "the Tribunal"), acting as pre-trial Judge,

PURSUANT to Rules 54, 65 ter and 73 ter of the Rules of Procedure and Evidence of the Tribunal,

NOTING the Motions for judgement of acquittal dated 6 November 2000 by the accused Milojica Kos, Mladjo Radic, Zoran Zigic and Dragoljub Prcac,

CONSIDERING that the Prosecution case was completed on 6 October 2000; that it is appropriate to prepare the Defence case; that the Defence filed a pre-trial brief containing the points of fact and law in dispute and the witness and exhibit lists1; that the filing of the documents made it possible to facilitate the preparation of the Prosecution case; that, however, it is appropriate to supplement, where applicable, the information submitted to the Trial Chamber in the light of the Prosecution case and the Decisions since taken by the Trial Chamber2,

CONSIDERING that it is in keeping with the proper administration of justice to prepare the potential respective cases of the Defence of the accused, without any prejudice to the responses which would be provided to the Motions for judgement of acquittal; that, in any case, the accused Miroslav Kvocka has not filed such a motion,


SET the Trial Chamber’s schedule as follows:

I- Hearing, on 28 November 2000, at 16:00 hours, in order to hear the parties’ respective summary arguments regarding the Motions for judgement of acquittal filed by the accused Kos, Radic, Zigic and Prcac;

II- Status conference, the same date, in order to be able to address the following issues:

1. the number of witnesses the Defence of each accused intends to call, setting out:

2. the expert witnesses;

3. the witnesses whose testimony would be corroborated by a sworn statement or a formal statement;

4. the number of exhibits the Defence intends to offer in support of its case, stating where possible whether the Prosecution has any objection as to authenticity;

5. the possible opening statement by Defence Counsel and its approximate length;

6. when the accused Kvocka and Radic would be cross-examined;

7. the cross-examination and the mutual cross-examination of the accused Kvocka and Radic;

8. the appearance of the accused Kos, Zigic and Prcac as witnesses in their own defence and, if they are to appear, their cross-examination by the other accused Kvocka and Radic;

9. the schedule of the Defence case and the subsequent phases of the trial, in particular :


Done in French and English, the French version being authoritative.

Done this 23 day of November 2000
At The Hague
The Netherlands

Judge Almiro Rodrigues
Pre-trial Judge

[Seal of the Tribunal]

1. Notably, "Pre-trial Brief" by Kvocka of 13 January 2000, "Updated Defence pre-trial brief" by Kvocka filed on 1 February 2000, "Pre-trial brief of the Defence of the accused Milojica Kos" of 20 February 2000, "Information about the exhibits of the Defence of the accused Milojica Kos" of 20 February 2000, "Defence Updated pre-trial brief" by Radic filed on 21 February 2000, "Notification by the Defence of the names of the witnesses called to testify in the Omarska Camp case" by Radic filed on 18 February 2000, "Notification by the Defence of documents to be added to the record" by Radic of 18 February 2000, "Defence pre-trial brief" by Zigic of 19 September 1999, "Defence pre-trial brief" by Prcac of 3 April 2000.
2. Especially, the Decision on judicial notice dated 8 June 2000.