The Prosecutor v. Ahmad Muhammad Harun ("Ahmad Harun") and Ali Muhammad Ali Abd-Al-Rahman ("Ali Kushayb")

THE PRESIDENCY Before: Judge Philippe Kirsch, President Judge Akua Kuenyehia, First Vice-Président Judge René Blattmann, Second Vice-Président

Public Document Decision replacing a judge in the Appeals Chamber

No.ICC-Pres-01/08 1/4 29 August 2008

Decision to be notified in accordance with regulation 31 of the Regulations of the Court to: The Office of the Prosecutor Counsel for the Defence

Legal Representatives of the Victims Legal Representatives of the Applicants

Unrepresented Victims Unrepresented Applicants for Participation/Reparation

The Office of Public Counsel for Victims The Office of Public Counsel for the Defence Ms Paolina Massidda Mr Xavier-Jean Kei'ta

REGISTRY Registrar Defence Support Section Ms Silvana Arbia Mr Esteban Peralta Losilla Victims and Witnesses Unit Detention Section Mr Simo Vaatainen Mr Anders Backman Victims Participation and Reparations Section Ms Fiona Mckay

No.ICC-Pres-01/08 2/4 29 August 2008

THE PRESIDENCY of the International Criminal Court (the "Court");

NOTING the resignation from the Court of Judge Pillay;1

NOTING that Judge Pillay was a member of the Appeals Chamber;

CONSIDERING the composition of the Appeals Chamber as set out in article 39(2)(b)(i) of the Rome Statute of the International Criminal Court ("the Statute"), pursuant to which the Appeals Chamber shall be composed of all of the judges of the Appeals Division, which in turn is composed of the President and four other judges, by virtue of article 39(1) of the Statute;

CONSIDERING rule 38 of the Rules of Procedure and Evidence, providing for the replacement of judges, and regulation 15 of the Regulations of the Court, pursuant to which the Presidency is responsible for the replacement of judges;

HEREBY DECIDES:

(i) That Judge Daniel Nsereko shall replace Judge Pillay in the Appeals Chamber with effect from 1 September 2008, and;

(ii) That the Appeals Chamber shall hereby be composed as follows:

Judge Philippe Kirsch Judge Georghios M. Pikis Judge Sang-Hyun Song Judge Erkki Kourula Judge Daniel Nsereko 1 See press release of 30 July 2008, ICC-CPI-20080730-PR344-ENG. Judge Pillay's resignation from the Court takes effect on 31 August 2008. No.ICC-Pres-01/08 3/4 29 August 2008

Judge Philippe Kirsch President Dated this 29 August 2008 At The Hague, The Netherlands

No. ICC-Pres-01/08 4/4 29 August 2008