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New Twist In Todorovic Case

Tribunal Update 198 Last Week in The Hague (November 6-12, 2000)

Todorovic, accused of ethnic cleansing in Bosanski Samac, claims he was kidnapped in Serbia, transported into Bosnia and sold to S-For troops.

Leading S-For member states, including the United States, the United Kingdom, Canada and Germany, joined the Office of the Prosecutor, OTP, in requesting a review of the decision, citing concerns that the binding order could jeopardise security and put on hold any future attempts to arrest others accused of war crimes.

Most quoted rule 108 of the Tribunal's Rule of Procedure and Evidence in support of their request. The regulation allows a state to file for review, "if that decision concerns issues of general importance relating to the powers of the tribunal."

The United States request said, "It should be of concern to all supporters of the tribunal's objectives that the resolution of these issues will affect the ability - and willingness - of S-For and other entities and States to detain PIFWCs [people indicted for war crimes], now and in the future."

The appeals chamber has decided written briefs from those requesting a review be filed by November 15, 2000. Lawyers defending Todorovic and three others accused of ethnic cleansing in Bosanski Samac - Milan Simic, Miroslav Tadic and Simo Zaric - have been given a deadline of November 22 to prepare a response to the written briefs.

The appeals chamber ordered a hearing for November 28.

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