Kayishema et Ruzindana - International Criminal Tribunal for Rwanda
Kayishema et Ruzindana - International Criminal Tribunal for Rwanda
Kayishema et Ruzindana - International Criminal Tribunal for Rwanda
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opinion that it was open to the Appeals Chamber to grant such an extension of its own<br />
accord; it did not do so because of a view, which I consider was not right, that there was no<br />
“good cause” <strong>for</strong> an extension. In sum, the position of the Appeals Chamber was this:<br />
(i) The extension of time granted by the Pre-Hearing Judge on<br />
11 April 2000 would not be disturbed; it would stand.<br />
(ii) The Appeals Chamber proceeded on the basis that the Pre-Hearing Judge did not<br />
grant a further extension of time to regularise the late filing on 2 May 2000.<br />
(iii) Regard being had to the general behaviour of the Prosecutor, there was not<br />
“good cause” <strong>for</strong> granting such a further extension; the Appeals Chamber did not<br />
itself grant one.<br />
385. With respect, (i) is correct. I have the mis<strong>for</strong>tune to be unable to support (ii) and<br />
(iii); I shall deal with these under (d) and (e) below. In (f) below I consider wh<strong>et</strong>her I am<br />
entitled to enter into the merits in circumstances in which the Appeals Chamber has not<br />
done so. But first there are two matters of a preliminary nature to be considered; they are<br />
treated of under (b) and (c) below.<br />
(b) Is the question of dismissal of an appeal, <strong>for</strong> non-observance of a time-limit s<strong>et</strong><br />
by the Pre-Hearing Judge <strong>for</strong> the filing of an appellate brief, one <strong>for</strong> the Pre-Hearing<br />
Judge? Or, is it one <strong>for</strong> the Appeals Chamber?<br />
386. The Defence submits that, although briefing time-limits could of course be fixed by<br />
the Pre-Hearing Judge, the question wh<strong>et</strong>her an appeal should be dismissed because of nonobservance<br />
of a time-limit s<strong>et</strong> by him <strong>for</strong> the filing of an appellate brief is one <strong>for</strong> the full<br />
Appeals Chamber, not one <strong>for</strong> him. 637 That is true. The occasions on which a single Judge<br />
can act are specified in the Statute. They do not include the case of a Pre-Hearing Judge: the<br />
institution of a Pre-Hearing Judge is not known to the Statute. The rule-making power<br />
conferred by Article 14 of the Statute on the Judges is wide enough to empower them to<br />
make a Rule authorising a single Judge to take certain preparatory steps. But, wide as the<br />
power is, it is not wide enough to empower them to make a Rule authorising a single Judge<br />
to exercise the substantial judicial power of the Appeals Chamber to dismiss an appeal<br />
where this has been properly brought under Article 24 of the Statute and there<strong>for</strong>e to<br />
7<br />
Case No.: ICTR-95-1-A 19 July 2001