Before: Judge Adolphus G. Karibi-Whyte, Presiding

Judge Elizabeth Odio Benito

Judge Saad Saood Jan

Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of: 30 July 1998



ZDRAVKO MUCIC also known as "PAVO"
ESAD LANDZO also known as "ZENGA"




The Office of the Prosecutor:

Mr. Grant Niemann

Ms. Teresa McHenry

Mr. Giuliano Turone

Counsel for the Accused:

Ms. Edina Residovic, Mr. Ekrem Galijatovic, Mr. Eugene O’Sullivan, for Zejnil Delalic

Mr. Zeljko Olujic, Mr. Tomislav Kuzmanovic, for Zdravko Mucic

Mr. Salih Karabdic, Mr. Thomas Moran, for Hazim Delic

Ms. Cynthia McMurrey, Ms. Nancy Boler for Esad Landzo


THIS TRIAL 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");

NOTING the "Scheduling Order" (Official Registry at Registry Page ("RP") D7225-D7227), issued on 14 July 1998 ("Scheduling Order");

FURTHER NOTING the "Request by the defendant Delalic for amendments to the scheduling order of 14 July 1998" (RP D7258-D7263) filed on 21 July 1998, and the "Defendant’s request to require the Prosecutor to file its final written submission 72 hours before the Defendant’s submission is to be filed" (RP D7339-D7341), filed 27 July 1998;

FURTHER NOTING the "Order on the Prosecution’s notification of witnesses anticipated to testify in rebuttal", issued on 30 July 1998 ("Order on Prosecution Rebuttal Witnesses");

FURTHER NOTING that, in the Order on Prosecution Rebuttal Witness, the Office of the Prosecutor ("Prosecution"), has been granted leave to bring Dr. Landy Sparr, as a rebuttal witness, to rebut the testimony of Dr. van Leeuwen and Dr. Lagazzi and Dr. Gripon who gave evidence for Esad Landzo;

CONSIDERING that Rule 85 of the Rules of Procedure and Evidence of the International Tribunal ("Rules") provides the sequence in which evidence shall be presented at trial and states, in particular, that evidence for the defence shall be followed by prosecution evidence in rebuttal and then defence evidence in rejoinder;

FURTHER CONSIDERING that rejoinder evidence is limited to matters that arise directly and specifically out of rebuttal evidence;

NOTING that the presentation of Prosecution evidence in rebuttal concluded on 30 July 1998;

CONSIDERING the duty of the Trial Chamber to ensure a fair and expeditious trial, pursuant to Article 20 of the Statute of the International Tribunal ("Statute");


HEREBY VACATES paragraphs 2, 3 and 4 of the Scheduling Order and,

ORDERS that:

1. The Defence file with the Registry, for service on the other defendants, the Prosecution and the Trial Chamber, by 12.00 p.m. Monday, 3 August 1998, a list of proposed rejoinder witnesses, if any, in the order in which they are to appear, providing:

    1. a brief summary of the evidence which they will be called to rejoin and the transcript page number(s) at which this evidence appears;
    2. a summary of the proposed rejoinder testimony;
    3. an estimate of the expected length of the examination in chief;
    4. in the event that the rejoinder witness is an expert witness, his or her curriculum vitae and a copy of any written report that will be tendered through that witness;

2. In the event, that the Defence files a document or documents in accordance with paragraph 1 above, a hearing shall be held to hear submissions on the issue of rejoinder evidence at 2.30 p.m. on Monday, 3 August 1998;

3. The Defence shall be prepared to call rejoinder witnesses, if any, from 10.00 a.m. Tuesday 4 August 1998;

4. The Prosecution file with the Registry, for service on the Defence and the Trial Chamber, a written brief of closing arguments by 5.00 p.m. Tuesday, 25 August 1998;

5. The Defence file with the Registry, for service on the other defendants, the Prosecution and the Trial Chamber, written briefs of closing arguments by 5.00 p.m. Friday, 28 August 1998;

6. The Prosecution and the Defence be prepared to present brief oral statements, in support of their written briefs of closing arguments, from 10 a.m. Monday, 31 August 1998;


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




Adolphus G. Karibi-Whyte

Presiding Judge

Dated this thirtieth day of July 1998,

At The Hague,

The Netherlands.

[Seal of the Tribunal]