4
was filed on 12 January 1998 (“Cross-Appellant’s Brief”). 16
A response to the
Prosecution’s brief was filed by the Defence on 24 July 1998. 17 The Prosecution filed a
brief in reply on 1 December 1998 (“Cross-Appellant’s Brief in Reply”). 18 The Defence
subsequently filed a further response to the Cross-Appellant’s Brief (“Defence’s Substituted
Response to Cross-Appellant’s Brief”). 19 The filing of this further brief was accepted by
order of the Appeals Chamber on 4 March 1999. 20
13.
Skeleton arguments consolidating and clarifying the parties’ respective positions in
relation to the Appeals were filed by both parties on 19 March 1999. 21
2. Applications for Admission of Additional Evidence under Rule 115
14.
A confidential motion for the admission of a significant amount of additional
evidence was filed by the Defence on 6 October 1997. 22 In the motion, as supplemented by
subsequent submissions, the Defence sought leave under Rule 115 of the Rules of
Procedure and Evidence of the International Tribunal (“Rules”) to present additional
documentary material and to call more than 80 witnesses before the Appeals Chamber. 23 In
addition, or in the alternative, the Defence requested that the motion be considered as a
16
“Brief of Argument of the Prosecution (Cross-Appellant)”, Case No.: IT-94-1-A, 12 January 1998 and
accompanying “Book of Authorities”, Case No.: IT-94-1-A, 22 January 1998. (See also “Corrigendum to
Prosecutor’s Brief of Argument filed on 12 January 1998 and Book of Authorities filed on 22 January 1998”
Case No.: IT-94-1-A, 9 September 1998).
17
“The Respondent’s Brief of Argument on the Brief of Argument of the Prosecution (Cross-Appellant) of
January 12, 1998”, Case No.: IT-94-1-A, 24 July 1998.
18
“Prosecution (Cross-Appellant) Brief in Reply”, Case No.: IT-94-1-A, 1 December 1998.
19
“The Respondent’s Brief of Argument on the Brief of Argument of the Prosecution (Cross-Appellant) of
January 19, 1999”, Case No.: IT-94-1-A, 19 January 1999.
20
“Order Accepting Filing of Substitute Brief”, Case IT-94-1-A, 4 March 1999. (See also “Opposition to the
Appellant’s 19 January 1999 filing entitled ‘The Respondent’s Brief of Argument on the Brief of Argument of
the Prosecution (Cross-Appellant) of 19 January, 1999 (sic)’”, Case No.: IT-94-1-A, 21 January 1999;
“Submission in relation to Appellant’s ‘Substitute Brief’ filed on 19 January 1999”, Case No.: IT-94-1-A,
24 February 1999).
21
“Skeleton Argument – Appellant’s Appeal Against Conviction”, Case No.: IT-94-1-A, 19 March 1999
(“Skeleton Argument – Appellant’s Appeal Against Conviction”); “Skeleton Argument – Appeal Against
Sentence”, Case No.: IT-94-1-A, 19 March 1999; “Skeleton Argument of the Prosecution”, Case No.: IT-941-A, 19 March 1999 (“Skeleton Argument of the Prosecution”). See also “Skeleton Argument – Prosecutor’s
Cross-Appeal”, Case No.: IT-94-1-A, originally filed by the Defence on 19 March 1999 and subsequently
re-filed on 20 April 1999 (“Defence’s Skeleton Argument on the Cross-Appeal”).
22
“Motion for the Extension of the Time Limit”, Case No.: IT-94-1-A, 6 October 1997.
23
Rule 115 provides:
“(A) A party may apply by motion to present before the Appeals Chamber additional evidence which
was not available to it at the trial. Such motion must be served on the other party and filed with the
Case No.: -94-1-A
15 July 1999