Judge Mohamed Shahabuddeen, Presiding
Vice-President Florence Ndepele Mwachande Mumba
Judge Antonio Cassese
Judge Wang Tieya
Judge Rafael Nieto-Navia

Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of:
3 December 1999







The Office of the Prosecutor:

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

Counsel for the Appellant:

Mr. William Clegg
Mr. John Livingston


The Appeals 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 "Order Remitting Sentencing to a Trial Chamber" issued on 10 September 1999, in the case Prosecutor v. Dusko Tadic, Case No.: IT-94-1-A, whereby the Appeals Chamber adjourned its decision on the Appeal against Sentencing Judgement pending a determination by the Trial Chamber as to the appropriate sentence to be imposed on the Appellant ("Outstanding Appeal Against Sentence");

NOTING the "Sentencing Judgement" issued by the Trial Chamber on 11 November 1999;

NOTING the "Notice of Appeal Against Sentencing Judgement of 11th November 1999" filed by Counsel for the Appellant on 25 November 1999, ("Second Appeal against Sentence") wherein it is requested that the Outstanding Appeal against Sentence and the Second Appeal against Sentence be joined and that both Appeals be heard together;

NOTING the "Order of the President Assigning Judges to the Appeals Chamber" issued on 29 November 1999;

NOTING the provisions of Rules 111, 112, 113 and 114 of the Rules of Procedure and Evidence of the International Tribunal ("Rules"), which provide respectively for the filing of the Appellant’s Brief, Respondent’s Brief, Appellant’s Brief in Reply and for the setting of a date for hearing;

NOTING the "Motion to Abridge Time for Service of Briefs in and Hearing of Appeal Against Sentence Filed on 25 November 1999" filed on 3 December 1999 ("Motion to Abridge"), wherein the Appellant requests that the Appeals Chamber abridge the time periods for the filing of briefs and for the hearing;

NOTING the provisions of sub-Rule 127(B) of the Rules which gives the Appeals Chamber the power to enlarge or reduce any time prescribed by the Rules, provided that good cause is shown by motion;

CONSIDERING that for an expeditious resolution of the Outstanding Appeal against Sentence and the Second Appeal against Sentence (together "Sentencing Appeals") and in the interests of justice it is appropriate to join the two appeals;

CONSIDERING that, in the circumstances of this case, the expeditious resolution of the Sentencing Appeals constitutes good cause;

PURSUANT to Rules 111, 112, 113, 114 and 127;

HEREBY ORDERS that the Outstanding Appeal against Sentence and the Second Appeal against Sentence shall be joined and that in respect of the additional matters raised by the Second Appeal against Sentence only:

  1. the Appellant's Brief shall be filed by Wednesday 15 December 1999;
  2. the Respondent’s Brief shall be filed by Wednesday 22 December 1999;
  3. the Appellant’s Brief in Reply shall be filed by Thursday 6 January 2000; and
  4. these Briefs may be supplemented by oral argument before the Appeals Chamber which shall take place on Friday 14 January 2000 commencing at 11:00 am.

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

Mohamed Shahabuddeen

Dated this third day of December 1999
At The Hague,
The Netherlands.

[Seal of the Tribunal]