Powers of the Referral Bench

Notion(s) Filing Case
Decision on Referral - 07.04.2006 MEJAKIĆ et al.

32. […] The Referral Bench was entitled to secure the presence of an accused that had been provisionally released in order to deliver its decision on the referral of his case and make sure that the said decision could be implemented. As the Prosecution points out, pursuant to Rule 11bis(H) of the Rules — which states that a Referral Bench shall have the powers of a Trial Chamber under the Rules — the Referral Bench had the power to order the return of Momčilo Gruban.[1]

On the powers of the Referral Bench, see more generally Prosecutor v. Radovan Stanković, Case No.: IT-96-23/2-AR11bis.1, Decision on Defence Application for Extension of Time to File Notice of Appeal, 9 June 2005, paras 50 ff (referred to at paras 94 ff. of the present Decision).

[1] Cf. Rule 65(C) and (I).

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ICTR Rule Rule 11bis ICTY Rule Rule 11bis