Case No. IT-95-9-T


Judge Florence Ndepele Mwachande Mumba, Presiding
Judge Sharon A. Williams
Judge Per-Johan Viktor Lindholm

Mr. Hans Holthuis

Judgement of:
24 September 2002






The Office of the Prosecutor:

Mr. Gramsci Di Fazio
Mr. Philip Weiner
Mr. David Re

Counsel for the Accused:

Mr. Igor Pantelic and Mr. Srdjan Vukovic for Blagoje Simic
Mr. Novak Lukic and Mr. Dragan Krgovic for Miroslav Tadic
Mr. Borislav Pisarevic and Mr. Aleksandar Lazarevic for Simo Zaric


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,

BEING SEISED OF the "Motion for Directions in relation to the Prosecutionís Public Filing of its Response to the Defence Motions for Rule 98bis Acquittal" ("Prosecution Motion") filed by the Office of the Prosecutor ("Prosecution") on 23 September 2002,

NOTING the "Defendant Blagoje Simicís Motion for Judgement of Acquittal" filed on 13 September 2002, the "Motion for Judgement of Acquittal of the Accused Miroslav Tadic" filed confidentially on 13 September 2002 and the "Motion for Judgement of Acquittal filed by the Accused Simo Zaric pursuant to Rule 98bis" filed confidentially on 13 September 2002 (collectively "Motions"),

NOTING the decision of this Trial Chamber dated 19 September 2002,

NOTING that the Prosecution Motion submits that "[t]he Prosecutionís Response to the Accusedís Motions for acquittal will refer to evidence from closed and private sessions",

CONSIDERING that proceedings must be in public unless good cause is shown for filings to be made on a "confidential" basis,

CONSIDERING that good cause has been shown only with respect to evidence from "closed and private sessions",

CONSIDERING that in the present circumstances, there is no need for responses to the Prosecution Motion, by the defence of Blagoje Simic, Miroslav Tadic and Simo Zaric,

PURSUANT TO Rules 54 of the Rules and Procedure and Evidence of the Tribunal,

HEREBY ORDERS that the Prosecution file (i) a public redacted version and (ii) a confidential version of its response to the Motions by 27 September 2002.


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

Florence Ndepele Mwachande Mumba

Done this twenty fourth day of September 2002,
At The Hague,
The Netherlands.

[Seal of the Tribunal]