THE TRIAL CHAMBER

NOTING the various requests for relief raised by the Defence in the Defense Reply To The Indictment And To The Prosecutor’s Pre-Trial Brief filed on 7 May 1998 ("the Motion"), requesting the Trial Chamber: (a) to dismiss with prejudice the indictment against the accused; (b) to strike the caption "Superior Authority" immediately following paragraph 2 of the indictment; (c) to strike the "conclusion" immediately following paragraph 16 of the indictment; and (d) to order that the trial be governed by the definition of genocide contained in Article 4 of the Statute of the International Tribunal ("Statute"),

HAVING HEARD the oral arguments of the parties on 12 May 1998 and having issued its oral ruling, with written decision to follow,

CONSIDERING that the same request to strike the caption "Superior Authority" was withdrawn by the Defence on 27 February 1998 and, accordingly, is not in dispute,

CONSIDERING FURTHER that the remaining complaints relate to the substance of the indictment and are misconceived, since the indictment is to be read as a whole and not by individual paragraphs which are not independent of each other, and

CONSIDERING ALSO that the Trial Chamber does not accept the allegation that the Office of the Prosecutor ("Prosecution") is trying to broaden the definition of genocide as, for example, the references to deportation or persecution to which the Defence has referred are capable of falling within the definition of genocide contained in Article 4, paragraph 2 (b) and (c) of the Statute,

HEREBY DISMISSES the requests for relief.

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

_________________________

Richard May

Presiding Judge

Dated this thirteenth day of May 1998

At the Hague

The Netherlands

[Seal of the Tribunal]