On 5 May 2009, the Appeals Chamber issued a judgement which, inter alia, upheld the conviction of Veselin Šljivančanin (“Šljivančanin”) for aiding and abetting torture as a violation of the laws or customs of war and added, Judges Pocar and Vaz dissenting, a new conviction for aiding and abetting murder as a violation of the laws or customs of war. The new conviction was based in part on the Appeals Chamber’s new factual findings concerning a conversation between Šljivančanin and Mile Mrkšić (“Conversation”).[1]

In an application for review filed on 28 January 2010,[2] Šljivančanin asserted that Miodrag Panić was prepared to offer testimony that invalidated Šljivančanin’s conviction for aiding and abetting murder as a violation of the laws or customs of war, and that the content of the Conversation that would be the subject of this testimony constituted a “new fact” in the context of Rule 119 of the Rules of Procedure and Evidence of the Tribunal.

At page 4, the Appeals Chamber stated:

CONSIDERING that, pursuant to Rule 120 of the Rules, a hearing to consider evidence on the Panić New Fact (“Review Hearing”) will be held;

CONSIDERING that the Review Hearing will allow the parties to provide supporting and rebuttal evidence concerning the Panić New Fact and that, before setting the date and structure of the Review Hearing, it is appropriate to consider the scope of evidence, if any, the parties wish to present;[3]

[…]

ORDERS the parties to submit in writing, no later than 30 July 2010, a list of evidence and witnesses, if any, each proposes to introduce at the Review Hearing;

FURTHER ORDERS the parties to include with respect to each piece of evidence or witness: (i) a brief description of anticipated relevance; and (ii) the proposed time allocation for any witness;

EMPHASISES to the parties that all evidence they propose to submit must be limited to supporting or casting doubt on the Panić New Fact;