Case No.: IT-02-54-T


Judge Patrick Robinson, Presiding
Judge O-Gon Kwon
Judge Iain Bonomy

Mr. Hans Holthuis

Order of:
8 April 2005







Office of the Prosecutor:

Ms. Carla Del Ponte
Mr. Geoffrey Nice

The Accused:

Mr. Slobodan Milosevic

Court Assigned Counsel:

Mr. Steven Kay
Ms. Gillian Higgins

Amicus Curiae:

Prof. Timothy McCormack


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"),

BEING SEISED OF a "Prosecution Motion on the Recording of the use of Time During the Defence Case", filed on 31 March 2005 ("Motion"), in which it seeks the following relief:

  1. That the Trial Chamber allow the parties to present their computation of the time used since the beginning of the Defence case at the Status Conference scheduled for 15 April 2005 ("Status Conference"), and to seek clarification about the consequences of including administrative matters and legal argument in the time allocated to the Prosecution for cross-examination; and

  2. That the Trial Chamber allow the parties to make submissions at the Status Conference on the appropriate way to calculate the use of time, following which the Trial Chamber should issue the "official" recording of time used during the Defence case and clarify the method of calculation to be applied in the future,

HAVING ISSUED an "Order Re-Scheduling and Setting the Time Available to Present the Defence Case" on 25 February 2004, in which the Trial Chamber noted that "the Accused should have the same time as the Prosecution had to present his (the Accused[ís]) case in chief", and set out the following calculation of time available to him:

  1. The Prosecution spent approximately 360 hours presenting its case in chief, or approximately 90 sitting days, which will be the amount of time for the Accused to present his case in chief;

  2. However, to that is added two-thirds of that time for cross-examination of Defence witnesses and administrative matters, which amounts to approximately 240 hours, or 60 sitting days; and

  3. Therefore, the Accused shall have 150 sitting days in which to present his case, which shall be subject to adjustment depending on the time taken in cross-examination and administrative matters[.]

NOTING the Trial Chamberís "Order Recording Use of Time Used in The Defence Case" issued on 1 March 2005 ("First Order"), and "Second Order Recording Use of Time in The Defence Case" issued on 23 March 2005 ("Second Order"), in which the Trial Chamber noted the time used at the conclusion of court on 24 January and 10 March 2005 respectively,

CONSIDERING that, as stated in the Motion itself, the Prosecution was unable to verify fully the detail of its own calculations,

CONSIDERING that the purpose of the Status Conference is to review the progress of the Defence case and that it is not appropriate for the matters raised in the Motion to be discussed at the Status Conference,

CONSIDERING that the matters raised in the Motion should be set out in writing once the Prosecution has verified its own understanding of the calculations it says it is not currently in a position to accept,

PURSUANT to Rule 54 of the Rules of Procedure and Evidence of the International Tribunal,

HEREBY ORDERS Prosecution to make any submissions it wishes to make on the recording of time or methods for calculating the use of time in the Defence case in writing.


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

Judge Robinson

Dated this eighth day of April 2005
At The Hague
The Netherlands

[Seal of the Tribunal]