Judge Cassese, Presiding
Judge Li
Judge Odio Benito
Judge Riad
Judge Shahabuddeen

Mrs. Dorothee de Sampayo Garrido-Nijgh

Decision of:
22 September 1997







The Office of the Prosecutor

Mr. Michael Keegan
Ms. Anne Sutherland

Counsel for the Appellant

Mr. Milan Vujin


THE APPEALS CHAMBER of the International Criminal Tribunal for the former Yugoslavia,

CONSIDERING the Request filed by the Counsel for the Appellant on 18 September 1997 in which he requested a meeting with the Presiding Judge on the subject of granting an extension of the time-limit for filing the Appellant’s brief;

CONSIDERING that in light of this request, the Presiding Judge convened an in camera hearing on 19 September 1997, at which both the Respondent and the Appellant were present and presented oral arguments;

CONSIDERING that, pursuant to Rule 116 of the Rules of Procedure and Evidence, the Appeals Chamber may only grant a motion to extend a time-limit upon a showing of good cause;

CONSIDERING that Counsel for the Appellant has indicated that he will seek to establish good cause by reference to the need to adduce additional evidence and the delays which will be caused thereby, necessitating an extension of time-limits;

CONSIDERING that additional evidence can only be adduced pursuant to Rule 115 of the Rules of Procedure and Evidence, upon the Appeals Chamber granting a motion to present before the Appeals Chamber additional evidence which was not available to it at the trial, if it considers the presentation of such evidence is required in the interests of justice;

CONSIDERING, therefore, that the Appeals Chamber must first consider a Motion by the Appellant to present additional evidence pursuant to Rule 115 of the Rules of Procedure and Evidence before it can decide whether to grant the Appellant’s request for an extension of time-limits pursuant to Rule 116 of the Rules of Procedure and Evidence;

CONSIDERING that the Appellant and Respondent have agreed to this method of proceeding, subject to the proviso that if the Appellant be granted an extension of the time-limit for filing its Appellant’s Brief, the Respondent, which is cross-appealing, should likewise be granted the same extension in its capacity as Appellant in the cross-appeal;

HAVING DISCUSSED with the Appellant and Respondent the schedule for the filing of the above-mentioned briefs and motions;

PURSUANT TO Rules 111, 115 and 116 of the Rules of Procedure of Evidence,

ORDERS the Appellant to file its Motion to present Additional Evidence by 6 October 1997,

ORDERS the Respondent to file its Reply to the Motion to present Additional Evidence by 13 October 1997,

DECIDES that, pending the Appeal Chamber’s Decision on the Appellant’s Motion to present additional evidence and his Motion for the extension of time-limits, the date for the filing of the Appellant’s briefs and for the filing of the Cross-Appellant’s brief is set at 13 November 1997. This date may of course be changed by the Appeals Chamber depending on the outcome of its future decision on the aforementioned motions.


Antonio Cassese
Dated this 22nd day of September 1997

At The Hague
The Netherlands