The Appellant filed his Appellant’s Brief after the deadline set by the Appeals Chamber and he did not submit a motion pursuant to Rule 127 of the ICTY Rules of Procedure and Evidence requesting that it be considered as validly filed and showing good cause to justify the delay. The Appeals Chamber, nevertheless, held that the Appellant’s Brief was deemed to be validly filed:

5.       The Scheduling Order issued by the Appeals Chamber is unambiguous.  The Appellant’s Brief was to be filed on 17 June 2005.  If good cause justified Counsel filing the Appellant’s Brief after the time stipulated in that Order, then that good cause should be presented to the Appeals Chamber, and a request for an extension of time should have been made before the filing deadline or a request that the Appellant’s Brief be received as validly filed pursuant to Rule 127 of the Rules should have been made at the time of the filing of the Appellant’s Brief out of time, if not before.  The fact that Counsel for the Appellant has not sought to justify his late filing and has requested the Appeals Chamber to receive it as validly filed after the fact is sufficient grounds for the Appeals Chamber to strike the Appellant’s brief as not validly filed, as is requested by the Prosecution.  Indeed, when clear time limits are transgressed without justifiable explanation, the Appeals Chamber is hesitant to do other than reject the filing.  In this case, however, the Appeals Chamber has determined that the interests of justice warrant it receiving the brief as validly filed despite Counsel’s breach of its Order. 

6.       Contempt proceedings are ancillary to proceedings at the Tribunal and arise from the inherent power of the Judges of this Tribunal to protect the integrity of their own proceedings.  However, this particular contempt appeal also touches upon fundamental due process rights of an Accused, Mr Milošević, charged with  particularly serious offences in a way that other contempt proceedings heard at this Tribunal have not. 

7.       A central argument made by the Appellant in his grounds of appeal is that the Trial Chamber should not have allowed his cross-examination to continue in the absence of the Accused and that, as a result, he should never have been put in the position of refusing an order of the Tribunal and subsequently being charged with contempt of the Tribunal for such a refusal.  Prior to the commencement of the contempt proceedings against him, the Appellant requested the Trial Chamber to reconsider its ruling on this basis.  The Trial Chamber refused to do so on the basis that it was not its role to reconsider such a decision, one which it already had determined was warranted, in the context of a proceeding of contempt against the Appellant.

8.       In these circumstances, if the Appeals Chamber refuses due to a procedural irregularity to accept the Appellant’s Brief as validly filed, then the Appellant is placed in the unfortunate position of being charged with contempt but denied the opportunity to respond fully to that criminal charge. Upon this basis, the Appeals Chamber has determined that the possible implications of this contempt proceeding for the rights of the Accused Mr Milošević warrant some leniency to the Appellant despite his Counsel’s failure to abide by the Scheduling Order of the Appeals Chamber.

9.       On the basis of the foregoing, the Appellant’s Brief filed on 20 June 2005 is deemed to be validly filed. […]  

p. 3: NOTING that Pavković’s and Lukić’s Motions seek authorization to file their notices of appeal within 60 days from the filing of the B/C/S translation of the Trial Judgement on the ground that neither of them understand English;[1]

CONSIDERING that Counsel for Pavković and Lukić work in English;

RECALLING that, pursuant to Rule 108 of the Rules, the Appeals Chamber may, after the filing of the notice of appeal by a party and on good cause being shown by motion, authorize a variation of grounds of appeal;

CONSIDERING therefore that Pavković and Lukić will have the opportunity, if they so wish, to request variation of their grounds of appeal after having read the B/C/S translation of the Trial Judgement, provided that they show good cause under Rule 108 of the Rules;

FURTHER CONSIDERING that it would be unreasonable to delay the appellate proceedings until the filing of the B/C/S translation of the Trial Judgement;

FINDING therefore that Pavković and Lukić have not shown good cause for the requested extension;

pp. 3-4: CONSIDERING that the length of the Trial Judgement is unprecedented and that, in conjunction with the other factors referred by the Joint Motion, this case raises issues of significant complexity;[2]

CONSIDERING that it is in the interests of justice to ensure that the parties have sufficient time to prepare meaningful notices of appeal in full conformity with the applicable provisions;

FINDING that good cause exists for granting an extension on that basis[.]

See also, Decision on Joint Defence Motion Seeking Extension of Time to File Appeal Briefs, 29 June 2009.

10.     Rule 154(A)(ii) of the Rules allows a Chamber of the Mechanism, on good cause being shown by motion, to recognize as validly done any act done after the expiration of the prescribed time-limit. In this respect, the Appeals Chamber recalls that unforeseen logistical problems have been considered insufficient to establish good cause warranting extensions of filing deadlines.[1]

14. […] However, Haxhiu has requested the Appeals Chamber to recognize the late filing as validly done pursuant to Rules 127(A)(ii) and 127(B) of the Rules. He concedes that “counsel’s unfamiliarity with the Appeals Chamber’s procedure does not constitute good cause for an extension of time.”[1] Indeed, the Appeals Chamber recalls that “counsel participating in appeals proceedings are expected to familiarize themselves with the procedural requirements.”[2]

15. […] Given the existence of only a few judgements on appeal in contempt proceedings before the International Tribunal, Counsel is expected to have acquainted himself with the relevant jurisprudence on this issue. Accordingly, no good cause has been shown that would allow the Appeals Chamber to exercise its discretion in recognizing the filing of the Notice of Appeal as validly done.

3. Mr. Renzaho now requests an extension of time to file his Appellant’s Brief within 75 days from the service to him and his Counsel of the French translation of the Trial Judgement.[1] In support of his request, Mr. Renzaho submits that because he is francophone and can neither speak nor read English, he is incapable of fully understanding the Trial Judgement, properly discussing grounds of appeal, and actively participating in the drafting of his Appellant’s Brief, particularly with respect to factual issues.[2] […]

4. Rule 116(A) of the Rules allows for the extension of time of any deadline on a showing of good cause. Pursuant to Rule 116(B) of the Rules, where the ability of the convicted person to make full answer and defence depends on the availability of a decision in an official language other than that in which it was issued, that circumstance shall be taken into account as a good cause. This provision may provide a basis for an extension of time, upon request, for the filing of the convicted person’s Appellant’s Brief pending the translation of the Trial Judgement into a working language of the Tribunal which he or she understands.[3]

5. Mr. Renzaho’s circumstances constitute good cause to extend the time for the filing of his Appellant’s Brief from the filing of the French translation of the Trial Judgement.

6. Mr. Renzaho’s Lead Counsel has the ability to work in both English and French,[4] and may therefore discuss the draft of the Appellant’s Brief with Mr. Renzaho, subject to his final approval once the French translation of the Trial Judgement is filed. It is therefore appropriate in this instance to allow a limited extension of time. 

See also, the “Decision on Tharcisse Renzaho’s Motion for Extension of Time for the Filing of Notice of Appeal and Brief in Reply” rendered in this case on 22 September 2009, where the Appeals Chamber held:

4. Pursuant to Rule 116(B) of the Rules, where the ability of the convicted person to make full answer and defence depends on the availability of a decision in an official language other than that in which it was issued, that circumstance shall be taken into account as a good cause. In practice, Rule 116(B) of the Rules does not provide a basis for an extension of time for the filing of a Notice of Appeal where the convicted person’s counsel can work in the language in which the Trial Judgement was pronounced.[5] This provision may, however, provide a basis for an extension of time, upon request, for the filing of the convicted person’s brief on appeal (“Appellant’s Brief”) pending the translation of the Trial Judgement into a working language of the Tribunal which he or she understands.[6]

5. In the present case, the information provided by the Registry shows that Mr. Renzaho’s Lead Counsel has indicated that French is his mother tongue and that he has a “good” knowledge of English, with the ability to read, speak, and write it fluently.[7] He is therefore able to discuss the contents of the Trial Judgement as well as any possible grounds of appeal with Mr. Renzaho. The determination of potential grounds of appeal falls primarily within the purview of Defence Counsel and, if an application is made after the Trial Judgement becomes available in French and good cause is shown, leave may be granted to vary the grounds of appeal under Rule 108 of the Rules.[8] For these reasons, Mr. Renzaho has not demonstrated good cause for an extension of time for the filing of his Notice of Appeal.

3. The Appeals Chamber does not accept that Counsel’s commitment to other cases at this Tribunal constitutes “good cause” pursuant to Rule 127.  Counsel assigned to represent accused at this Tribunal are expected to organise their work schedules in order to meet their obligations to respect the time limits for filings on appeals laid down in the Practice Direction.[1]  Counsel would have been able to calculate, upon the filing of the Appellant’s Appeal, the due date for the Prosecution Response and subsequently the Appellant’s Reply and is expected to have organised her work schedule to meet those due dates.  Accordingly, “good cause” has not been shown, and the Reply of the Appellant will not be considered in this Appeal.

5.       […] [O]rdinarily the filing of a Supplementary Notice of Appeal does not itself constitute good cause for an extension of time,[1] […]

Pages 1-2:

CONSIDERING that, pursuant to Rule 133 of the Rules of Procedure and Evidence of the Mechanism (“Rules”), parties seeking to appeal a trial judgement are to file a notice of appeal no later than 30 days from the date on which the written judgement was filed;

RECALLING that, pursuant to Rule 154 of the Rules, the time limits prescribed in the Rules may be enlarged on good cause being shown;

[…]

CONSIDERING the length of the Trial Judgment and the significant complexity of this case;

CONSIDERING FURTHER that is in the interests of justice to ensure that parties have sufficient time to prepare meaningful notices of appeal in full conformity with the applicable provisions;

[…]

CONSIDERING the need to weigh carefully the interests in safeguarding expeditious proceedings before the Mechanism and allowing sufficient time for the parties to prepare their respective cases;

[…]

CONSIDERING that the reasons justifying an extension to file Karadžić’s notice of appeal also apply to the Prosecution and that a synchronised schedule for filing any notices of appeal in this case will assist the effective case management and is, therefore, in the interests of justice;