THE PRESIDENT OF THE INTERNATIONAL TRIBUNAL

Before: President Gabrielle Kirk McDonald

Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of: 31 August 1999

THE PROSECUTOR

v.

DUSKO TADIC

___________________________________________________________

ORDER OF THE PRESIDENT FOR THE ASSIGNMENT
OF A JUDGE TO THE APPEALS CHAMBER AND THE CONTINUATION OF PROCEEDINGS IN THE MATTER OF ALLEGATIONS AGAINST PRIOR COUNSEL

___________________________________________________________

The Office of the Prosecutor:

Mr. Upawansa Yapa
Ms. Brenda Hollis
Mr. William Fenrick
Mr. Michael Keegan
Ms. Ann Sutherland

Other Parties:

Mr. Vladimir Domazet, for Mr. Milan Vujin

Counsel for the Appellant:

Mr. Anthony Abell

 

I, Gabrielle Kirk McDonald, President 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 that Judge Wang Tieya, due to ill-health, is unable to continue to sit on the Appeals Chamber in case IT-94-1-A-R77, the Prosecutor v. Dusko Tadic in the matter of allegations against prior counsel;

CONSIDERING that, in the event that a Judge is unable to continue to sit in a part-heard case, Sub-rule 15(E) of the Rules of Procedure and Evidence of the International Tribunal ("Rules") vests in me the power to assign another Judge to that case and to order, with the consent of the accused, the continuation of the proceedings;

CONSIDERING this rule to be applicable, mutatis mutandis, to proceedings under Rule 77 of the Rules;

CONSIDERING that Mr. Milan Vujin, Mr. Dusko Tadic and the Office of the Prosecutor have expressed their agreement to the assignment of another Judge to this case in lieu of Judge Wang Tieya and to the continuation of the proceedings from this point;

CONSIDERING ALSO Article 14(3) of the Statute of the International Tribunal and Rule 27(C) of the Rules;

HAVING CONSULTED the Judges of the International Tribunal;

HEREBY ASSIGN Judge David Hunt to the Appeals Chamber, to replace Judge Wang Tieya, for the purposes of deciding the present matter;

AND ORDER the continuation of the proceedings from this point forward before the Appeals Chamber composed as follows:

Judge Mohamed Shahabuddeen, Presiding

Judge Antonio Cassese

Judge Rafael Nieto-Navia

Judge Florence Ndepele Mwachande Mumba

Judge David Hunt

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

________________________________
Gabrielle Kirk McDonald
President

Dated this thirty-first day of August 1999
At The Hague,
The Netherlands.

[Seal of the Tribunal]