1 I. INTRODUCTION A. Procedural background 1. 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” or “Tribunal”) is seised of three appeals in relation to the Opinion and Judgment rendered by Trial Chamber II 1 on 7 May 1997 in the case of The Prosecutor v. Duško Tadic, Case No.: IT-94-1-T (“Judgement”) 2 and the subsequent Sentencing Judgment of 14 July 1997 (“Sentencing Judgement”). 3 With the exception of the Appeals Chamber’s judgement in The Prosecutor v. Dražen Erdemovic4 where the accused had entered a plea of guilty, this is the first time that the Appeals Chamber is deciding an appeal from a final judgement of a Trial Chamber. 2. The Indictment (as amended) charged the accused, Duško Tadic, with 34 counts of crimes within the jurisdiction of the International Tribunal. At his initial appearance before the Trial Chamber on 26 April 1995, the accused pleaded not guilty to all counts. Three of the counts were subsequently withdrawn at trial. Of the remaining 31 counts, the Trial Chamber found the accused guilty on nine counts, guilty in part on two counts and not guilty on twenty counts. 3. Both Duško Tadic (“Defence” or “Appellant”) and the Prosecutor (“Prosecution” or “Cross-Appellant”) now appeal against separate aspects of the Judgement (“Appeal against Judgement” and “Cross-Appeal”, respectively). 5 Additionally, the Defence appeals against the Sentencing Judgement (“Appeal against Sentencing Judgement”). Combined, these appeals are referred to as “the Appeals”. 1 Composed of Judge Gabrielle Kirk McDonald (Presiding), Judge Ninian Stephen and Judge Lal Chand Vohrah. 2 “Opinion and Judgment”, The Prosecutor v. Duško Tadic, Case No.: IT-94-1-T, Trial Chamber II, 7 May 1997. (For a list of designations and abbreviations used in this Judgement, see Annex A – Glossary of Terms). 3 “Sentencing Judgment”, The Prosecutor v. Duško Tadic, Case No.: IT-94-1-T, Trial Chamber II, 14 July 1997. 4 “Judgement”, The Prosecutor v. Dražen Erdemovic, Case No.: IT-96-22-A, Appeals Chamber, 7 October 1997. 5 It should be observed that Du{ko Tadi} in the present proceedings is appellant and cross-respondent. Conversely, the Prosecutor is respondent and cross-appellant. In the interest of clarity of presentation, Case No.: -94-1-A 15 July 1999