Background Information on the "Kosovo,
Croatia and Bosnia-Herzegovina" Case

Update No. 404 - 2 June 2006

Trial Chamber III – Judges Robinson(Presiding), Kwon and Bonomy

DECISION ON ASSIGNED COUNSEL’S MOTION TO LIFT CONFIDENTIALITY OF CERTAIN PLEADINGS AND MEDICAL REPORTS

On 1 June 2006, pursuant to Rule 54 of the Rules, Trial Chamber III granted the “Assigned counsel motion to lift the confidential status of all pleadings and medical reports relating to (i) the assigned counsel request for provisional release, and (ii) the litigation arising from the medical treatment of Mr. Slobodan Milosevic in the UN Detention Unit and confidential annexes A and B” filed by Mr Steven Kay and Ms Gillian Higgins on 17 March 2006.

Update No. 402 - 19 May 2006

Judge Pocar – President of ICTY

ORDER ASSIGNING A CASE TO A TRIAL CHAMBER

On 18 May 2006, Judge Pocar assigned Trial Chamber III, as originally composed in this case – Judges Robinson, Kwon and Bonomy, to consider the motion, filed by former court assigned counsel in the Milosevic case on 17 March 2006, for purposes of determining whether there is any reason in the interests of justice for lifting the confidentiality of the pleadings and medical records referred to in the request.

Update No. 396 - 7 April 2006

Judge Pocar – President of ICTY

ORDER ASSIGNING A TRIAL CHAMBER TO CONSIDER GRANTING ACCESS TO CONFIDENTIAL MATERIALS IN A CASE

On 6 April 2006, Judge Pocar assigned Trial Chamber I to consider the question of varying or lifting the protective measures granted with regard to certain materials filed in the Milosevic case for purposes of granting access to those materials to the independent auditors appointed by the Government of Sweden to assist in their audit of the Detention Unit.

ORDER GRANTING ACCESS TO CONFIDENTIAL MATERIAL FOR PURPOSE OF INDEPENDENT AUDIT

On 7 April 2006, pursuant to Rule 54 of the Rules, Trial Chamber I ordered that:
1. For the purposes of the independent audit, the Registrar shall grant the independent auditors full access to the relevant material;
2. Nothwithstanding the previous paragraph, all relevant materials in the Milosevic case file, as well as any other related documents disclosed by the Registrar, shall remain confidential.

Update No. 394 - 17 March 2006

Trial Chamber III - Judges Robinson (Presiding), Kwon and Bonomy

ORDER TERMINATING THE PROCEEDINGS

On 14 March 2006, following the death of Slobodan Milosevic on 11 March 2006, pursuant to Rule 54 of the Rules, the Trial Chamber terminated all proceedings in the Milosevic trial.
Judge Pocar – President of ICTY

ORDER ASSIGNING A TRIAL CHAMBER TO CONSIDER GRANTING ACCESS TO CONFIDENTIAL MATERIALS IN A CASE

On 14 March 2006, Judge Pocar assigned Trial Chamber I to consider the question of varying or lifting the protective measures granted with regard to certain materials filed in the Milosevic case for purposes of granting access to those materials to the authorities of the Netherlands to assist their inquest into the death of Slobodan Milosevic and to Judge Kevin Parker to assist his internal inquiry into the death of Slobodan Milosevic.
Trial Chamber I - Judges Orie (Presiding), Van Den Wyngaert and Moloto

ORDER LIFTING CONFIDENTIALITY OF RELEVANT MATERIALS FOR INVESTIGATION PURPOSES

On 16 March 2006, pursuant to Rule 54 of the Rules, Trial Chamber I ordered that the Registrar shall grant the authorities of the Netherlands and Judge Parker full access to the Milosevic case file and supply them with any materials they request – see Press Release number 1055, dated 16 March 2006.

Update No. 392 - 3 March 2006

Trial Chamber III – Judges Robinson (Presiding), Kwon and Bonomy

DECISION ON ADMISSIBILITY OF EXPERT REPORT OF KOSTA CAVOSKI

On 1 March 2006, Trial Chamber III issued an order stating that:
1. The Cavoski report will be admitted into evidence under Rule 94bis;
2. Professor Kosta Cavoski will be permitted to appear as an expert witness for the Defence;
3. If the Defence wishes to lead evidence from Professor Cavoski in an examination in chief, such examination shall not exceed 45 minutes;
4. The Prosecution’s alternative request to cross-examine Professor Cavoski is granted.

Update No. 391 - 24 February 2006

Trial Chamber III – Judges Robinson (Presiding), Kwon and Bonomy

DECISION ON ASSIGNED COUNSEL REQUEST FOR PROVISIONAL RELEASE

On 23 February 2006, pursuant to Rules 54, 65, 126bis and 127 of the Rules, Trial Chamber II denied the request by the assigned counsel that the accused be granted provisional release for the purpose of medical treatment in a medical institution in Moscow, filed on 20 December 2005.

Update No. 390 - 17 February 2006

Trial Chamber III – Judges Robinson (Presiding), Kwon and Bonomy

PRELIMINARY ORDER ON REQUEST BY ASSIGNED COUNSEL FOR THE RECALL OF WITNESS GENERAL CLARK AND FOR REVIEW OF A PREVIOUS DECISION

On 14 February 2006, pursuant to Rule 54 of the Rules, Trial Chamber III ordered assigned counsel to file submissions within 7 days stating:
1) The procedure that assigned counsel envisage would be utilised for recalling the witness; and
2) What measures they have taken, including any discussions with the witness and/or US Government, to secure the testimony of the witness.

Update No. 388 - 3 February 2006

Trial Chamber III – Judges Robinson (Presiding), Kwon and Bonomy

ORDER LIFTING SEAL ON WITNESS STATEMENT AND CHANGING STATUS OF TRANSCRIPT

On 1 February 2006, pursuant to Rules 54 and 75 of the Rules, Trial Chamber III confirmed the oral order of 24 January 2006 and ordered that the status of Mr. Ciaglinski’s witness statement (a Prosecution’s witness) be changed from confidential and under seal to public and that the confidentiality of certain parts of the transcript be lifted.

Update No. 387 - 27 January 2006

Trial Chamber III – Judges Robinson (Presiding), Kwon and Bonomy

DECISION ON PROSECUTION MOTION FOR SPECIFIC ORDERS RELATING TO TRIAL IN ABSENTIA

On 20 January 2006, pursuant to Rule 54 of the Rules, Trial Chamber III dismissed the “Prosecution’s motion for specific orders relating to trial in absentia”, filed on 16 January 2006.

Update No. 385 - 13 January 2006

Trial Chamber III – Judges Robinson (Presiding), Kwon and Bonomy

PRELIMINARY ORDER ON ASSIGNED COUNSEL REQUEST FOR PROVISIONAL RELEASE FOR THE ACCUSED

On 11 January 2006, pursuant to Rules 65 and 54 of the Rules, Trial Chamber III ordered the Defence to submit any further material, including the guarantees from the Russian Federation, by 18 January 2006, after which the Trial Chamber would proceed to a determination of the Defence’s motion for the provisional release of the accused for a medical treatment in the Russian Federation filed on 20 December 2005.

Update No. 384 - 16 December 2005

Trial Chamber III – Judges Robinson (Presiding), Kwon and Bonomy

DECISION IN RELATION TO SEVERANCE, EXTENSION OF TIME AND REST

On 13 December 2005, Trial Chamber ordered that the Kosovo indictment would not be severed. The trial Chamber denied the Milosevic’s application for extension of time to present his case and granted a brief period of rest for the accused – See Press Release number 1036 dated 13 December 2005.

Update No. 381 - 25 November 2005

Trial Chamber III - Judges Robinson (Presiding), Kwon and Bonomy

ORDER ADJOURNING TRIAL AND FOR A FURTHER MEDICAL REPORT

On 21 November 2005, pursuant to Rule 54 of the Rules, Trial Chamber III ordered that the trial be adjourned until 29 November 2005. The Registrar was ordered to arrange an examination of the accused and obtain a report on the accused’s current medical condition until 25 November 2005.

SCHEDULING ORDER FOR A HEARING

On 22 November 2005, pursuant to Rule 54 of the Rules, Trial Chamber III ordered that a hearing be held on 29 November 2005, at which time the Trial Chamber would hear the submissions of the parties on severing the Kosovo indictment and concluding the part of the trial, and further submissions to the medical condition of the accused – See Press Release number 1026 dated 22 November 2005.

Update No. 380 - 18 November 2005

Trial Chamber III - Judges Robinson (Presiding), Kwon and Bonomy

ORDER FOR EXPERT MEDICAL REPORTS

On 15 November 2005, pursuant to Rule 54 of the Rules, the Trial Chamber ordered by majority (judge Bonomy dissented) the Registrar to arrange an examination of the accused, if necessary, and to obtain the expert medical reports of the treating cardiologist and ear, nose and throat specialist by 21 November 2005.

Update No. 374 - 7 october 2005

Trial Chamber – Judges Robinson (Presiding), Kwon and Bonomy

ORDER TO THE ACCUSED TO PRODUCE THE LIST OF WITNESSES HE INTENDS TO CALL FOR THE REMAINDER OF HIS CASE

On 5 October 2005, the Trial Chamber, pursuant to Rule 54 of the Rules, ordered the accused to file in writing, by Monday, 17 October 2005, the following information:
(1) The witnesses he intends to call during the remainder of his allotted time;
(2) Which remaining witnesses he intends to introduce by way of written evidence, whether by way of Rule 92bis or Rule 89(F); and
(3) The time he estimates each witness will take.

Update No. 357 - 13 May 2005

Trial Chamber III - Judges Robinson (Presiding), Kwon and Bonomy

CONTEMPT PROCEEDINGS AGAINST KOSTA BULATOVIC
DECISION ON CONTEMPT OF THE TRIBUNAL

On 13 May 2005, the Trial Chamber found that Kosta Bulatovic’s conduct constituted serious contempt of the Tribunal and it sentenced him to four months imprisonment. The Trial Chamber suspended the operation of that sentence for a period of two years. The sentence shall not take effect unless during that period Kosta Bulatovic commits another offence anywhere that is punishable with imprisonment, including contempt of court. Judge Bonomy appended a Separate Opinion to the Decision (see Press Release No. 970).

Update No. 355 - 28 April 2005

Trial Chamber III - Judges Robinson (Presiding), Kwon and Bonomy

OMNIBUS ORDER ON MATTERS ARISING OUT OF STATUS CONFERENCE ON THE DEFENCE CASE

On 21 April 2005, the Trial Chamber ordered inter alia that he final trial briefs be filed within seven days, and closing arguments held 14 days, after the conclusion of the evidence in this case. The Accused is to provide a list of experts he intends to call to the Trial Chamber within 14 days.

Update No. 354 - 22 April 2005

Trial Chamber III - Judges Robinson (Presiding), Kwon and Bonomy

ORDER ON CONTEMPT CONCERNING WITNESS KOSTA BULATOVIC

On 20 April 2005, the Trial Chamber ordered that Kosta Bulatovic, a witness before Trial Chamber II, knowingly and willingly interfered with the administration of justice, by contumaciously refusing to answer questions asked by the Prosecution. The Trial Chamber further ordered that it would prosecute the matter itself.

Update No. 346 - 11 February 2005

President of the Tribunal – Judge Meron

DECISION AFFIRMING THE REGISTRAR’S DENIAL OF ASSIGNED COUNSEL’S APPLICATION TO WITHDRAW

On 7 February 2005, the President affirmed the Deputy Registrar’s decision of 14 December 2004 refusing the Assigned Defence Counsel’s application to withdraw from the case (see Press Release No. 935).

Trial Chamber III - Judges Robinson (Presiding), Kwon and Bonomy

ORDER CONCERNING THE TIME AVAILABLE TO PRESENT THE DEFENCE CASE

On 10 February 2005, the Trial Chamber issued an Order setting out the time available to present the Defence case (see Press Release No. 936).

Update No. 340 - 17 December 2004

Trial Chamber III - Judges Robinson (Presiding), Kwon and Bonomy

DECISION ON ASSIGNED COUNSEL REQUEST FOR CERTIFICATION OF AN INTERLOCUTORY APPEAL AGAINST THE DECISION ON ASSIGNED COUNSEL MOTION FOR WITHDRAWAL

On 17 December 2004, the Trial Chamber dismissed the Defence Motion for certification to appeal the Trial Chamber’s 7 December 2004 Decision which denied Assigned Counsel’s application to withdraw from the Defence of Slobodan Milosevic.

Update No. 339 - 10 December 2004

Trial Chamber III - Judges Robinson (Presiding), Kwon and Bonomy

DECISION ON ASSIGNED COUNSEL’S MOTION FOR WITHDRAWAL

On 7 December 2004, the Trial Chamber determined that the application by court assigned counsel, Mr. Steven Kay and co-counsel Ms. Gillian Higgins, to withdraw from their assignment should be denied. The Trial Chamber instructed the Registrar to deny the application pursuant to his powers under Article 19 of the Directive On Assignment of Defence Counsel (see Press Release No. 924).

Update No. 334 - 5 November 2004

Appeals Chamber - Judges Meron (Presiding), Pocar, Mumba, Güney and Weinberg de Roca

DECISION ON INTERLOCUTORY APPEAL OF THE TRIAL CHAMBER’S DECISION ON THE ASSIGNMENT OF DEFENCE COUNSEL

On 1 November 2004, the Appeals Chamber affirmed the Trial Chamber’s Decision in part and reversed it in part (see Press Release No. 906).
Trial Chamber III - Judges Robinson (Presiding), Kwon and Bonomy

Trial Chamber III - Judges Robinson (Presiding), Kwon and Bonomy

SCHEDULING ORDER FOR HEARING ON 9 TO 11 NOVEMBER 2004

On 2 November 2004, ordered as follows:
There will be a hearing to consider the application by Mr. Steven Kay QC and Ms. Gillian Higgins on 9 November 2004;
And the Accused shall file a list of witnesses he intends to call in the week of sittings from 9 to 11 November 2004, by Friday 5 November 2004.

Update No. 329 - 24 September 2004

President of the Tribunal – Judge Meron

ORDER ASSIGNING JUDGES TO A CASE BEFORE THE APPEALS CHAMBER AND DESIGNATING A PRE-APPEAL JUDGE

On 20 September 2004, the President of the Tribunal ordered that the Appeals Chamber in the case on the Court assigned Counsel be composed as follows:
Judge Theodor Meron (Presiding)
Judge Fausto Pocar
Judge Florence Mumba
Judge Mehmet Güney
Judge Inés Weinberg de Roca

Trial Chamber III – Judges Robinson (Presiding), Kwon and Bonomy

REASONS FOR DECISION ON ASSIGNEMENT OF DEFENCE COUNSEL

On 22 September 2004, the Trial Chamber issued reasons for its oral Decision of 2 September 2004 to assign Defence Counsel to the Accused (see Weekly Update No. 326 and Press Releases Nos. 889 and 890).

Update No. 327 - 10 September 2004

Trial Chamber III - Judges Robinson (Presiding), Kwon and Bonomy

ORDER ON THE MODALITIES TO BE FOLLOWED BY COURT ASSIGNED COUNSEL

Following the oral decision issued on Thursday 2 September by Trial Chamber III (see Press Release 889), the ICTY Deputy Registrar, decided “to assign Mr. Steven Kay as lead counsel for the accused and Ms. Gillian Higgins as co-counsel for the accused”, effective 3 September 2004.

On 3 September 2004, the Trial Chamber issued an Order setting forth “the modalities by which court assigned counsel are to act”, as follows:

(1) It is the duty of court assigned counsel to determine how to present the case for the Accused, and in particular it is their duty to:
(a) represent the Accused by preparing and examining those witnesses court assigned counsel deem it appropriate to call;
(b) make all submissions on fact and law that they deem it appropriate to make;
(c) seek from the Trial Chamber such orders as they consider necessary to enable them to present the Accused’s case properly, including the issuance of subpoenas;
(d) discuss with the Accused the conduct of the case, endeavour to obtain his instructions thereon and take account of views expressed by the Accused, while retaining the right to determine what course to follow; and
(e) act throughout in the best interests of the Accused;

(2) The Accused may, with the leave of the Trial Chamber, continue to participate actively in the conduct of his case, including, where appropriate, examining witnesses, following examination by court assigned counsel;

(3) The Accused has the right, at any time, to make a reasonable request to the Trial Chamber to consider allowing him to appoint counsel; and

(4) Court assigned counsel is authorised to seek from the Trial Chamber such further orders as they deem necessary to enable them to conduct the case for the Accused. (see Press Release No. 890)

ORDER ON REQUEST FOR CERTIFICATION TO APPEAL THE DECISION OF THE TRIAL CHAMBER ON COURT ASSIGNED COUNSEL

On 10 September 2004, the Trial Chamber granted the court assigned counsel’s request to certify an interlocutory appeal against the Trial Chamber’s oral Decision of 2 September 2004, in which it assigned counsel to the Accused (see Press Release No. 893).

Update No. 325 - 27 August 2004

Trial Chamber III - Judges Robinson (Presiding), Kwon and Bonomy

DECISION ON EXTENSION OF TIME FOR FILING AMENDED VERSION OF MODIFIED CONSOLIDATED AMENDED INDICTMENT

On 6 August 2004, Trial Chamber III ordered the Accused and the Amici Curiae to file submissions in response to the confidential "Prosecution’s Submissions In Response to the Trial Chamber’s 19 July 2004 ’Further Order On Future Conduct of the Trial’ filed on 26 July 2004 (see Press Releases 871 and 882).

Trial Chamber III - Judges Robinson (Presiding), Kwon and Bonomy

SCHEDULING ORDER CONCERNING RECOMMENCEMENT OF THE TRIAL

On 25 August 2004, Trial Chamber III ordered that:

(1) The trial will recommence on 31 August 2004, the trial schedule being as follows:

1. the Accused will make his opening statement;
2. following the opening statement of the Accused, there will be a procedural hearing at which the parties and Amici Curiae may make further submissions concerning the content of the medical reports and assignment of defence counsel, and raise, with leave of the Trial Chamber, any other urgent procedural issues;
3. the Trial Chamber will thereafter issue a further order concerning these matters; and
4. no evidence will be heard until Tuesday, 7 September 2004; and

1. Whilst severance of one or more of the indictments remains an option, the Trial Chamber will not give further consideration to it at this time (see Press Release No. 886).

Update No. 324 - 30 July 2004

Trial Chamber III - Judges Robinson (Presiding), Kwon and Bonomy

ORDER MODIFYING SECOND ORDER GRANTING LEAVE TO AMEND THE CROATIA INDICTMENT

On 28 July 2004, the Trial Chamber granted the Prosecution leave to further amend the Amended Croatia Indictment. The Second Amended Croatia Indictment, filed by the Prosecution on 26 July 2004, shall be the operative Indictment in this case.

Update No. 323 - 23 July 2004

Trial Chamber III - Judges Robinson (Presiding), Kwon and Bonomy
FURTHER SCHEDULING ORDER ON COMMENCEMENT OF DEFENCE CASE

On 16 July 2004, the Trial Chamber ordered that the trial was adjourned to 31 August 2004 (see Press Release No. 870).

FURTHER ORDER ON FUTURE CONDUCT OF THE TRIAL

On 19 July 2004, the Trial Chamber ordered the Prosecution to make submissions, by 26 July 2004, about the role of counsel that could be assigned to the Accused to ensure the fair presentation of the Defence case, in particular in the absence of instructions to, or cooperation with, counsel by the Accused. The Trial Chamber will thereafter decide what further action to take, including ordering the Accused and Amici Curiae to file submissions in response (see Press Release No. 871).

ORDER TO PROSECUTION ON INDICTMENTS FOLLOWING RULE 98 BIS DECISION

On 20 July 2004, the Trial Chamber ordered the Prosecution to file, within 21 days, a “red-lined version” of the three Indictments showing the effect of the 16 June 2004 Decision on Motion for Judgement of Acquittal.

SCHEDULING ORDER GRANTING LEAVE TO AMEND THE CROATIA INDICTMENT

On 20 July 2004, the Trial Chamber granted the Prosecution 5 March 2004 motion to amend the Croatia Indictment.

FURTHER ORDER ON FUTURE CONDUCT OF THE TRIAL RELATING TO SEVERANCE OF ONE OR MORE INDICTMENTS

On 21 July 2004, the Trial Chamber invited the parties to file written submissions, by 27 June 2004, on the question of severance and, should the Trial Chamber decide to sever, which Indictment should proceed first.

Update No. 322 - 16 July 2004

Trial Chamber III - Judges Robinson (Presiding), Kwon and Bonomy

SCHEDULING ORDER AND ORDER TO REGISTRAR CONCERNING MEDICAL REPORT

On 12 July 2004, the Trial Chamber ordered that:
1. The Registrar obtain a report from the treating cardiologist by the end of Friday, 16 July 2004, indicating whether the Accused is fit to participate in court proceedings from Monday 19 July 2004;
2. The trial adjourn to Monday 19 July 2004, pending the above-referenced report.

FURTHER ORDER ON MEDICAL EXAMINATION OF THE ACCUSED

On 15 July 2004, the Trial Chamber ordered that the Registrar “instruct Dr. van Dijkman to carry out an examination of the Accused and consider all relevant information pertaining to his health in the context that he represents himself and report quam primum to the Trial Chamber on the fitness of the Accused to continue to represent himself and the likely impact on the trial schedule should he continue to do so.”

Update No. 321 - 9 July 2004

Trial Chamber III - Judges Robinson (Presiding), Kwon and Bonomy

ORDER ON FUTURE CONDUCT OF THE TRIAL

On 6 July 2004, the Trial Chamber ordered that:
1. The trial adjourn until 14 July 2004, at which time, subject to the medical condition of the Accused, it will recommence;
2. The trial thereafter be adjourned on 21 July 2004 until 31 August 2004, thereby allowing the Accused additional time in which to prepare for the preparation of his case;
3. The Registrar identify to the Trial Chamber counsel who might be assigned to the case, should the Trial Chamber order such assignment;
4. The Registrar identify a cardiologist, with no prior involvement in the treatment of the Accused, and instruct that cardiologist to carry out an examination of the Accused and consider all relevant information pertaining to his health.

ORDER TO THE ACCUSED ON COMPLIANCE WITH DISCLOSURE OBLIGATIONS

On 6 July 2004, the Trial Chamber ordered that:
1. The Accused, by 16 July 2004, disclose to the Prosecution and Amici Curiae the identities of all witnesses on the Rule 65 ter (G) witness list, except those for whom the Accused may seek protective measures of delayed disclosure;
2. The Accused, by 16 July 2004, disclose to the Prosecution and Amici Curiae copies of all exhibits on the Accused’s Rule 65 ter (G) exhibit list; and
3. Should the Accused have difficulty in complying with these orders, he will provide a detailed explanation of such difficulties in writing, by 16 July 2004; and
4. Should the Accused fail to comply with above orders, the Trial Chamber will thereafter consider appropriate sanctions, including refusal to allow witnesses to be called or exhibits to be tendered.

Update No. 318 - 18 June 2004

Trial Chamber III - Judges Robinson (Presiding), Kwon and Bonomy

DECISION ON MOTION FOR JUDGEMENT OF ACQUITTAL

On 16 June 2004, the Trial Chamber determined that it had found sufficient evidence to support each count challenged in the three Indictments, but that there was no or insufficient evidence to support certain allegations relevant to some charges in the Indictments (see Press Release No. 858). Judge Robinson appended a Separate Opinion and Judge Kwon appended a Dissenting Opinion to the Decision.

OMNIBUS ORDER ON MATTERS DEALT WITH AT THE PRE-DEFENCE CONFERENCE

On 17 June 2004, the Trial Chamber issued and Order setting out all 20 orders dealt with at the Pre-Defence Conference (see Press Advisory No. 180)

Update No. 317 - 11 June 2004

President of the Tribunal - Judge Meron

ORDER REPLACING A JUDGE IN A CASE BEFORE A TRIAL CHAMBER

On 10 June 2004, the President of the Tribunal assigned Judge Iain Bonomy to replace Judge Richard May in the Milosevic case. The Trial Chamber is now composed as follows:

Judge Patrick Robinson
Judge O-Gon Kwon
Judge Iain Bonomy

On the same day, Judge Bonomy certified that he had familiarised himself with the record of the proceedings in the Milosevic case pursuant to Rule 15 bis of the Rules of Procedure and Evidence.

Update No. 315 - 28 May 2004

Trial Chamber III - Judges Robinson (Presiding), May and Kwon

FURTHER ORDER RESCHEDULING THE PRE-DEFENCE CONFERENCE AND COMMENCEMENT OF THE DEFENCE CASE

On 27 May 2004, the Trial Chamber ordered that the Pre-Defence Conference set for 9 June 2004 be rescheduled for 17 June 2004 at 10 a.m. and that the Defence case commence on 5 July 2004 at 9 a.m.

ORDER TO THE ACCUSED ON PROTECTIVE MEASURES FOR DEFENCE WITNESSES

On 27 May 2004, the Trial Chamber ordered inter alia that the Accused produce to the Trial Chamber within 14 days the identities of all witnesses on the Rule 65 ter (G) witness list.

Update No. 313 - 7 May 2004

Trial Chamber III – Judges Robinson (Presiding), May and Kwon

ORDER RESCHEDULING THE PRE-DEFENCE CONFERENCE AND THE COMMENCEMENT OF THE DEFENCE CASE

On 5 May 2004, the Trial Chamber ordered that the Pre-Defence Conference set for 17 May 2004, be instead held on Wednesday 9 June 2004 at 10 am. It further ordered that the Defence case commence on Tuesday 22 June 2004 at 9 am (see Press Release No. 841).

Update No. 311 - 23 April 2004

Trial Chamber III – Judges Robinson (Presiding), May and Kwon

ORDER ON THE AMENDED BOSNIA INDICTMENT

On 21 April 2004, the Trial Chamber confirmed that the operative Bosnia Indictment is the Indictment as amended on 22 November 2002.

Update No. 308 - 2 April 2004

Trial Chamber III - Judges Robinson (President), May and Kwon

ORDER PURSUANT TO RULE 15 BIS (D)

On 29 March 2004, the remaining Judges of the Trial Chamber decided that it was in the interests of justice to continue the proceedings in the Miloševic case with a substitute Judge. This Order followed the resignation of Judge May, effective 31 May 2004, and the 25 March 2004 hearing to ascertain whether the Accused would give his consent to a continuation of the proceedings with a substitute Judge (see Weekly Update No. 307).

Update No. 306 - 19 March 2004

Judge Meron – the President of the Tribunal

SCHEDULING ORDER

On 18 March 2004, the President of the Tribunal issued a Scheduling Order, pursuant to Rule 15 bis (C) of the Rules of Procedure and Evidence, ordering that a hearing be convened on 25 March 2004 at 10 a.m. to ascertain whether the Accused gives his consent to a continuation of the proceedings with a substitute Judge.

Update No. 304 - 5 March 2004

Trial Chamber III – Judges May (Presiding), Robinson and Kwon

ORDER APPOINTING A NEW PRESIDING JUDGE FOR TRIAL CHAMBER III

On 26 February 2004, the Trial Chamber elected Judge Patrick Robinson as Presiding Judge of Trial Chamber III.

Update No. 303 - 27 February 2004

Trial Chamber III – Judges May (Presiding), Robinson and Kwon

DECISION ON NOTIFICATION OF THE COMPLETION OF PROSECUTION CASE AND MOTION FOR THE ADMISSION OF EVIDENCE IN WRITTEN FORM

On 25 February 2004, Trial Chamber issued a Decision on the Prosecution’s ‘Notification of the Completion of its Case and Motion for the Admission of Evidence in Written Form’, in which it confirmed that the ‘Prosecution case is hereby closed’. In addition, the Trial Chamber issued a number of orders with regard to evidence that the Prosecution sought to be admitted (see Press Release No. 826).

ORDER RESCHEDULING AND SETTING THE TIME AVAILABLE TO PRESENT THE DEFENCE CASE

On 25 February 2004, the Trial Chamber ordered that:

(1) ‘Any Motion under Rule 98 bis shall be filed by the Accused or Amici Curiae by Monday, 8 March 2004;
(2) The Prosecution shall file its Response to any Rule 98 bis Motion by Monday, 22 March 2004
(3) The material the Accused is required to produce under Rule 65 ter (G), shall be filed by Monday, 12 April 2004;
(4) A Pre-Defence Conference shall be held on Monday, 17 May 2004, at 10 a.m.;
(5) The Defence case shall commence on Tuesday, 8 June 2004, and the Trial Chamber will sit in that week on Tuesday, 8 to Thursday, 10 June 2004;
(6) The Accused shall have 150 days to present his case, as set out above; and
(7) Further orders relevant to the Defence case will be made in due course’.
(see Press Release No. 826)

Update No. 301 - 13 February 2004

Trial Chamber III – Judges May (Presiding), Robinson and Kwon

FURTHER SCHEDULING ORDER ON DEFENCE CASE

On 12 February 2004, the Trial Chamber ordered:
1. The Accused to produce his witness and exhibit list by 1 April 2004.
2. A Pre-Defence Conference shall be held on Friday 23 April 2004 at 10 a.m.
3. The Defence case shall commence on 19 May 2004 and the Trial Chamber will sit in that week from Wednesday 19 to Friday 21 May 2004.
4. The Trial Chamber shall, until further notice, continue to sit three days per week; and
5. Further orders relevant to the Defence case will be made in due course.

Update No. 300 - 6 February 2004

Trial Chamber III – Judges May (Presiding), Robinson and Kwon

ORDER SCHEDULING HEARINGS TO THE CLOSE OF THE PROSECUTION CASE

On 5 February 2004, the Trial Chamber ordered proprio motu that it will be sitting in the Milosevic case on 10, 11, 12, 18 and 19 February 2004 at the following times (see Press Advisory No. 160):
9 a.m. – 12.30 p.m. (with a 30 minute break at 10.30 a.m.)
2 p.m. – 4.45 p.m. (with a 15 minute break at 3.15 p.m.)

DECISION ON PROSECUTION’S MOTION UNDER RULE 73 (A) FOR A RULING ON THE COMPETENCE OF THE AMICI CURIAE TO PRESENT A MOTION FOR JUDGEMENT OF ACQUITTAL UNDER RULE 98 BIS

On 5 February 2004, the Trial Chamber dismissed the Motion filed on 4 February 2004 in which the Prosecution sought reconsideration of the Trial Chamber Order of 27 June 2003 allowing the Amici Curiae to file a Motion for Judgement of Acquittal (see Weekly Update No. 274).

Update No. 291 - 21 November 2003

Trial Chamber III – Judges May (Presiding), Robinson and Kwon

ORDER ON THE TESTIMONY OF GENERAL WESLEY CLARK

On 17 November 2003, the Trial Chamber ordered that General Wesley Clarke shall testify on 15 December 2003, commencing at 9 a.m., and be available for completion of his testimony on 16 December 2003.

ORDER ON PROSECUTION’S MOTION FOR VARIANCE OF PRIOR ORDERS OF NON-DISCLOSURE

On 17 November 2003, the Trial Chamber made public an earlier confidential Decision, dated 30 October 2003, setting out the conditions under which General Wesley Clark is to give his testimony (see Press Release No.802).

Update No. 290 - 14 November 2003

Trial Chamber III – Judges May (Presiding), Robinson and Kwon

ELEVENTH DECISION ON APPLICATIONS PURSUANT TO RULE 54bis OF PROSECUTION AND SERBIA AND MONTENEGRO

On 13 November 2003, the Trial Chamber ordered that the Prosecution give notice of its Motion requesting binding orders for the production of documentation to Serbia and Montenegro no later than 17 November 2003. It further ordered that Serbia and Montenegro file a response (if any) to the Motion no later than 1 December 2003.

Update No. 289 - 7 November 2003

Trial Chamber III – Judges May (Presiding), Robinson and Kwon

ORDER TO THE PROSECUTION TO FINALISE ITS LIST OF EXHIBITS

On 4 November 2003, the Trial Chamber ordered inter alia that the Prosecution produce, within 21 days, a definite list of exhibits setting out the documents it intends to introduce into evidence for the remainder of its case.

Update No. 288 - 31 October 2003

Trial Chamber III – Judges May (Presiding), Robinson and Kwon

ORDER APPOINTING BRANKO RAKIC AS LEGAL ASSOCIATE TO THE ACCUSED

On 23 October 2003, the Trial Chamber ordered the appointment of Dr. Branko Rakic as legal associate to the Accused.

Appeals Chamber – Judges Pocar (Presiding), Shahabuddeen, Hunt, Güney and Weinberg de Roca

DECISION ON THE PROSECUTION’S INTERLOCUTORY APPEAL AGAINST THE TRIAL CHAMBER’S 10 APRIL 2003 DECISION ON PROSECUTION MOTION FOR JUDICIAL NOTICE OF ADJUDICATED FACTS

On 28 October 2003, the Appeals Chamber returned the matter to the Trial Chamber for it to review the taking of judicial notice of the adjudicated facts in accordance with the present Decision. The Prosecution filed its Interlocutory Appeal against the Trial Chamber’s 10 April 2003 "Decision on Prosecution Motion for Judicial Notice of Adjudicated Facts" on 21 May 2003.
Judge Hunt appended a dissenting opinion to the present Decision. Other judges reserved the right to append opinions to the present Decision.

Update No. 287 - 23 October 2003

Trial Chamber III – Judges May (Presiding), Robinson and Kwon

ORDER CONCERNING THE TESTIMONY OF LORD OWEN

On 17 October 2003, the Trial Chamber set the timetable for the examination of witness Lord Owen by the parties. The witness may make a brief statement if he so chooses at the commencement of his testimony. The Prosecution shall then be entitled to two hours of cross-examination, the Accused will be entitled to three hours of cross-examination and the amici curiae will be entitled to 30 minutes of cross-examination. The Trial Chamber may ask questions of the witness as and when appropriate.

Update No. 285 - 10 October 2003

Trial Chamber III – Judges May (Presiding), Robinson and Kwon

ORDER OF FURTHER INSTRUCTION TO THE AMICI CURIAE

On 6 October 2003, the Trial Chamber extended the role of the amici curiae having regard to the recurring medical condition of the Accused since 18 March 2002 and to the desirability of the amici curiae giving greater assistance to the Accused. It authorized them to receive such communications as the Accused may make to them and to act in any way to protect and further the interests of his Defence.

ORDER TO THE RIGHT HONORABLE THE LORD OWEN TO TESTIFY AND TO PROVIDE WRITTEN STATEMENT PRIOR TO TESTIFYING

On 4 September 2003, the Trial Chamber ordered Lord David Owen to testify on 3 and 4 November 2003 and invited him to submit a concise written statement covering matters set out in the Order which include inter alia his appointment and mandate in the former Yugoslavia, his meetings with the Accused and the leaders of the Federal republic of Yugoslavia and the Croatian and Bosnian Serbs, and his observations of the relations between the Accused and those leaders. The Order was filed confidentially and made public this week.

Update No. 284 - 3 October 2003

Appeals Chamber – Judges Pocar (Presiding), Jorda, Shahabuddeen, Hunt and Güney

DECISION ON INTERLOCUTORY APPEAL ON THE ADMISSIBILITY OF EVIDENCE-IN-CHIEF IN THE FORM OF WRITTEN STATEMENTS

On 30 September 2003, the Appeals Chamber allowed the Prosecution appeal in so far as it found that, as a matter of law, the Rules allow for the admission of a written witness statement under Rule 89 (F) when the witness: a) is present in court, b) is available for cross-examination and any questioning by the judges, and c) attests that the statement accurately reflects his or her declaration and what he or she would say if examined. The Appeals Chamber returned the matter to Trial Chamber III for it to consider the admission of evidence in accordance with this present Decision.
Judge Hunt will append a dissenting opinion to the Decision and other Judges reserved the right to append opinions.

Trial Chamber III – Judges May (Presiding), Robinson and Kwon

ORDER TO THE PROSECUTION TO FINALISE ITS WITNESS LIST

On 30 September 2003, the Trial Chamber ordered the Prosecution to produce, within 21 days, a definitive witness list, setting out the names of the witnesses it intends to call for the remainder of the Prosecution case.

DECISION ON PROSECUTION’S REQUEST FOR VARIATION OF THE TRIAL CHAMBER’S ORDER REGARDING THE TRIAL SCHEDULE

On 2 October 2003, the Trial Chamber granted the Prosecution Request and ordered that it will sit in this case on Tuesday, Wednesday and Thursday, 7-9 October 2003. It further ordered that the Trial Chamber will generally sit thereafter on Tuesday to Thursday each week and that the sitting schedule shall be subject to variation by the Trial Chamber.

Update No. 283 - 26 September 2003

Trial Chamber III – Judges May (Presiding), Robinson and Kwon

ORDER CONCERNING PROSECUTION MOTION CONCERNING THE IMPLICATIONS OF THE ACCUSED’S HEALTH

On 24 September 2003, the Trial Chamber ordered inter alia that it shall hear oral submissions of the parties with respect to the matters raised by the Prosecution in their Motion for a Hearing to Discuss the Implications of the Accused’s Recurring Ill Health on 30 September 2003.

DECISION GRANTING REQUEST BY THE AMICI CURIAE FOR CERTIFICATION OF APPEAL AGAINST A DECISION OF THE TRIAL CHAMBER

On 25 September 2003, the Trial Chamber granted the amici curiae request for certification of the appeal against the Trial Chamber Order concerning the presentation and preparation of the Defence case (see Weekly Update No. 282).

Update No. 282 - 19 September 2003

Trial Chamber III – Judges May (Presiding), Robinson and Kwon

ORDER CONCERNING THE PREPARATION AND PRESENTATION OF THE DEFENCE CASE

On 17 September 2003, the Trial Chamber ordered inter alia that the Trial be adjourned for three months between the close of the Prosecution case and the commencement of the Defence case to facilitate the Accused in the preparation of his case; that the Accused file the list of witnesses he intends to call and the list of exhibits he intends to rely on within six weeks of the close of the Prosecution case; that the Registry provide the Accused with facilities to prepare his case (the text of the order).

Update No. 277 - 25 July 2003

Trial Chamber III – Judges May (Presiding), Robinson and Kwon

ORDER TO AN AMICUS TO PREPARE WRITTEN SUBMISSIONS

On 23 July 2003, the Trial Chamber ordered inter alia that Professor McCormack, as amicus curiae, prepare written submissions on self-defence as it has arisen in Croatia and Bosnia and Herzegovina parts of this case.

Update No. 274 - 4 July 2003

Trial Chamber III – Judges May (Presiding), Robinson and Kwon

ORDER ON AMICUS CURIAE’S REQUEST FOR APPROVAL TO IDENTIFY RELEVANT TRIAL DOCUMENTS IN PERSON FOR THE COMPLETION OF WRITTEN SUBMISSIONS AND FOR FURTHER EXTENSION OF TIME

On 27 June 2003, the Trial Chamber ordered that the time for filing submissions on self-defence as it has arisen in the Kosovo part of the case shall be extended to 14 October 2003. It further ordered that the Registrar make the necessary arrangements for the Amicus Curiae to travel to The Hague for the period 28 July to 1 August 2003 for the purposes of examining the documentation relevant to the submissions on self-defence as it has arisen in the Kosovo of the case, and for any other period when the Amicus Curiae considers it necessary for the discharge of his functions.

ORDER ON AMICI CURIAE REQUEST CONCERNING THE MANNER OF THEIR FUTURE ENGAGEMENT AND PROCEDURAL DIRECTIONS UNDER RULE 98 BIS

On 27 June 2003, the Trial Chamber ordered inter alia that the Amici Curiae may submit a Motion pursuant to Rule 98 bis within seven days of the close of the Prosecution case and that the appointment of Branislav Tapuskovic as an Amicus Curiae shall end at the conclusion of the Prosecution case. The Trial Chamber expressed its gratitude to Branislav Tapuskovic for his services. The appointment of Steven Kay as Amicus Curiae shall continue and Gillian Higgins shall be appointed as Amicus Curiae on the basis set out in the Order.

SCHEDULING ORDER FOR A STATUS CONFERENCE

On 2 July 2003, the Trial Chamber ordered that a Status Conference be held on 2 September 2003 to consider the presentation of the Defence case.

Update No. 272 - 20 June 200

Trial Chamber III – Judges May (Presiding), Robinson and Kwon

THIRD DECISION ON PROSECUTION MOTION FOR ORDERS PURSUANT TO RULE 54 bis AGAINST SERBIA AND MONTENEGRO

On 18 June 2003, the Trial Chamber rejected the Prosecution’s 13 December 2002 Application for binding orders with respect to access to government archives under the control of Serbia and Montenegro.

Update No. 271 - 13 June 2003

MILOSEVIC Case ("Croatia and Bosnia and Herzegovina")
Trial Chamber III – Judges May (Presiding), Robinson and Kwon

DECISION IN PART ON PROSECUTION MOTION FOR ORDERS PURSUANT TO RULE 54 bis AGAINST SERBIA AND MONTENEGRO

On 5 June 2003, the Trial Chamber ordered Serbia and Montenegro to produce, within one month of the date of the Order, the stenographic recordings of the Supreme Defence Council minutes of meetings mentioned in the Decision.

Update No. 263 - 17 April 2003

Trial Chamber III – Judges May (Presiding), Robinson and Kwon

DECISION ON PROSECUTION MOTION FOR THE ADMISSION OF EVIDENCE-IN-CHIEF OF ITS WITNESSES IN WRITING

On 16 April 2003, the Trial Chamber, by a majority, denied the Prosecution’s 11 December 2002 application to be allowed to submit the evidence-in-chief of its witnesses in writing. Judge Kwon appended a Dissenting Opinion to the Decision.

Update No. 262 - 11 April 2003

Trial Chamber III – Judges May (Presiding), Robinson and Kwon

REASONS FOR DECISION ON THE PROSECUTION MOTION CONCERNING ASSIGNMENT OF COUNSEL

On 4 April 2003, the Trial Chamber set out the reasons for its oral Ruling of 18 December 2002, rejecting a Prosecution Motion that defence counsel should be imposed on Slobodan Milosevic.

ORDER CONCERNING A CHRONOLOGY OF EVENTS IN THE CROATIA PART OF THE CASE

On 8 April 2003, the Trial Chamber ordered the parties to file any objections or proposed amendments to the Chronology attached to the Order within 14 days.

DECISION ON PROSECUTION MOTION FOR JUDICIAL NOTICE OF ADJUDICATED FACTS

On 10 April 2003, the Trial Chamber admitted the first 130 paragraphs set out in Annex A to the Prosecution Motion of 12 December 2002, but did so in the form set out in the Schedule attached to the Decision under the heading "Actual Text". It did not admit the remainder of the facts set out by the Prosecution in Annex A to its Motion.

ORDER CONCERNING THE RESPONSE OF THE GOVERNMENT OF SERBIA AND MONTENEGRO TO THE TRIAL CHAMBER’S REQUEST FOR AN INVESTIGATION INTO VIOLATION OF ITS ORDER FOR PROTECTIVE MEASURES

On 10 April 2003, the Trial Chamber took notice of the report of the authorities of Serbia and Montenegro and reminded the authorities of Serbia and Montenegro that, whatever is provided for in their domestic legislation, Article 29 of the International Tribunal’s Statute imposes upon all States the obligation to comply with any request for assistance or order of a Trial Chamber.

Update No. 256 - 28 February 2003

Appeals Chamber – Judges Jorda (Presiding), Shahabuddeen, Hunt, Pocar and Meron

ORDONNANCE SUR LE RETRAIT DE L’APPEL

On 25 February 2003, the Appeals Chamber took note of the withdrawal of appeal following the Prosecution’s Notice of Withdrawal in the Matter of Witness K12, filed on 5 February 2003.

Update No. 253 - 7 February 2003

Update No. 247 - 13 December 2002

Trial Chamber III - Judges May (Presiding), Robinson and Kwon

ORDER TO AN AMICUS TO PREPARE WRITTEN SUBMISSIONS

On 11 December 2002, the Trial Chamber ordered Professor McCormack, as amicus curiae, to prepare, by 31 March 2003, written submissions on:
(a) Self-defence as it has arisen in the Kosovo part of this case;
(b) An analysis of the applicable law, tracing the history and growth of that defence in international criminal law;
(c) Present his conclusions as to its current status under customary and conventional international law.
In view of the stage of the trial, no conclusion is to be drawn as to whether self-defence is substantiated by the evidence led.

Update No. 245 - 29 November 2002

Trial Chamber III - Judge May (Presiding), Robinson and Kwon

ORDER APPOINTING AMICUS CURIAE

On 22 November 2002, the Trial Chamber designated Mr. Timothy McCormack of Melbourne, Australia, as amicus curiae, in order to assist the Trial Chamber by (a) making written submissions on, and appearing before it to address, questions of international law as and when requested by the Trial Chamber; and (b) drawing to the attention of the Trial Chamber relevant issues of international law. It directed the Registrar to provide Mr. McCormack with all such material as is or has been provided to the accused.

Update No. 244 - 22 November 2002

Trial Chamber III - Judge May (Presiding), Robinson and Kwon
TRIAL CHAMBER FINDING IN THE MATTER OF WITNESS K12

On 21 November 2002, the Trial Chamber released the relevant portion of the transcript of the closed session hearing held on 18 November 2002 and vacated the finding of contempt against Witness K12.

Update No. 243 - 15 November 2002

Trial Chamber III - Judges May (Presiding), Robinson and Kwon

ORDER TO THE REGISTRAR TO OBTAIN MEDICAL REPORTS ON THE CONDITION OF THE ACCUSED

On 13 November 2002, the Trial Chamber ordered the Registrar to obtain and provide within seven days, a written medical report from the cardiologist, Dr. Paul van Dijkman, and a written psychiatric report within 14 days.

ORDER ON PROSECUTION'S MOTION TO ADMIT DOCUMENTS RELATING TO HELENA RANTA

On 13 November 2002, the Trial Chamber denied the Prosecution's Motion and ordered, inter alia, that Helena Ranta be summoned by the Trial Chamber to testify at a date to be notified. The Prosecution filed its "Motion to Admit Documents Relating to Helena Ranta", a forensic scientist, on 15 October 2002.

Update No. 241 - 1 November 2002

Appeals Chamber - Judges Jorda (Presiding), Shahabuddeen, Hunt, Pocar and Meron

PUBLIC VERSION OF THE CONFIDENTIAL DECISION ON THE INTERPRETATION AND APPLICATION OF RULE 70

On 23 October 2002, the Appeals Chamber quashed the impugned Decision (filed confidentially on 25 July 2002). It further ordered that the evidence of the Witness in question shall be heard in accordance with Rule 70 and that two representatives of the Government may be present in the courtroom during the testimony of the Witness.

Update No. 237 - 4 October 2002

Appeals Chamber - Judges Shahabuddeen (Presiding), Hunt, Güney, Pocar and Meron

DECISION ON ADMISSIBILITY OF PROSECUTION INVESTIGATOR'S EVIDENCE

On 30 September 2002, a Bench of the Appeals Chamber dismissed the Prosecution's Appeal. Judge Shahabuddeen appended a partially dissenting opinion. The Prosecution appealed the Trial Chamber Decision of 20 June 2002, which excluded the evidence from Mr. Barney Kelly, investigator with the Office of the Prosecutor.

Trial Chamber III - Judges May (Presiding), Robinson and Kwon

ORDER

On 3 October 2002, the Trial Chamber granted a Request from the Government of the Republic of Yugoslavia filed on 27 September 2002 and decided that two of its representatives may be present in the courtroom during the testimony of witness Zoran Lilic.

Update No. 231 - 2 August 2002

Trial Chamber III - Judges May (Presiding), Robinson and Kwon

SCHEDULING ORDER FOR HEARING ON PROSECUTION MOTION FOR BINDING ORDER

On 12 July 2002, the Prosecution filed an Application for an Order Pursuant to Rule 54 bis Directing the Federal Republic of Yugoslavia to Produce Documents. On 26 July 2002, the Trial Chamber granted the Federal Republic of Yugoslavia until Monday 2 September 2002 to file a written response to the Application. It further ordered that a hearing on the Applications be held on Monday 16 September 2002 at 09:30 a.m.

PUBLIC VERSION OF THE CONFIDENTIAL DECISION ON THE PROSECUTION'S MOTION TO GRANT SPECIFIC PROTECTION PURSUANT TO RULE 70

On 30 May 2002, the Prosecution applied in open court session for the Trial Chamber to grant an order that the representative of the supplying country be present in court during the evidence of a particular witness. On 25 July 2002, the Trial Chamber granted the Motion in part and decided that:
1) the examination-in-chief of the witness shall be tailored by the Prosecution to exclude any confidential information;
2) in cross-examination, the accused will not be permitted to ask questions and seek information beyond that provided in the subject matter of the evidence-in-chief;
3) questions as to the credibility will be permitted provided that the answers are not liable to reveal confidential information;
4) two representatives of the Government of the supplying country may be present in the courtroom during the testimony of the witness.

Trial Chamber III - Judges May (Presiding), Robinson and Kwon

DECISION ON THE PROSECUTION'S MOTION TO ADMIT A WITNESS STATEMENT

On 25 June 2002, the Prosecution confidentially filed a Motion to Admit the Witness Statement of K21 who had declined to testify. On 8 July 2002, the Trial Chamber denied the Motion considering, inter alia, that the witness statement contained evidence which should have been given viva voce in order to allow the accused the opportunity to cross-examine witness K21. Moreover, the admission of the statement, as noted by the amici curiae in its Skeleton Argument of 7 June 2002 would have been tantamount to introducing evidence through a "backdoor" route".

Trial Chamber III - Judges May (Presiding), Robinson and Kwon

DECISION ON PROSECUTION MOTIONS TO CALL ADDITIONAL WITNESSES AND FOR ORDERS FOR PROTECTIVE MEASURES

On 21 June 2002, the Trial Chamber issued an Order setting out protective measures requested by the Prosecution for four witnesses. It ordered, inter alia, that the Prosecution disclose the name and other redacted information of each of the protected witnesses to the amici curiae and to the accused not less than 20 days before the witness is expected to testify.

SCHEDULING ORDER AND ORDER FOR MEDICAL EXAMINATION

On 27 June 2002, the Trial Chamber confirmed and varied its oral Rulings ordering, inter alia, that a hearing be held on the possible application of Rule 70 of the Rules of Procedure and Evidence to certain Prosecution witnesses on Friday 5 July 2002. The hearing will be held in closed session and a representative of the government concerned may be present at the hearing.
Pursuant to Rule 73 bis of the Rules, the Trial Chamber shall hold a Pre-Trial Conference relating to the portions of the case concerning Bosnia and Croatia on Thursday 18 July 2002.

Trial Chamber III - Judges May (Presiding), Robinson and Kwon

ORDER FOR THE IMMEDIATE CESSATION OF VIOLATIONS OF PROTECTIVE MEASURES FOR WITNESSES

On 12 June 2002, the Prosecution confidentially filed a Report on K5 and an Application for Order. The Report showed that the Belgrade newspaper Nacional, published an article disclosing the identity of protected witness K5 in its 25 May 2002 issue.
On 18 June, the Trial Chamber ordered that the publication of identifying information relating to protected witnesses cease immediately. It further affirmed that any publication of such information expose its author(s) and those responsible to be found in contempt of the Tribunal. The Trial Chamber requested that the competent State organs of the Federal Republic of Yugoslavia (including the Republic of Serbia) investigate the matter, take all necessary measures to stop the publication of such confidential information and, within a month, provide the Trial Chamber with a report on the investigation and measures taken.

SCHEDULING ORDER ON K12 CONTEMPT

On 18 June 2002, the Trial Chamber ordered K12, his counsel and the Prosecution to attend a hearing on Monday 24 June 2002 at 13:00 to clarify the position on contempt with respect to witness K12 and to hear any submissions.

Trial Chamber III - Judges May (Presiding), Robinson and Kwon
DECISION ON PROSECUTION'S MOTION FOR JUDICIAL NOTICE OF ADJUDICATED FACTS RELEVANT TO THE MUNICIPALITY OF BRCKO

On 25 April 2002, the Prosecution filed a Motion for Judicial Notice of Adjudicated Facts Relevant to the Municipality of Brcko.
On 5 June, the Trial Chamber denied the Motion and stated, inter alia, that while it was willing to consider the admission of truly adjudicated facts it did not find the facts presented under the circumstances as set out in Annex A of the Prosecution Motion to be susceptible of judicial notice.

Trial Chamber III - Judges May (Presiding), Robinson and Kwon
DECISION ON PROSECUTION MOTION TO UTILIZE REDACTED STATEMENT AND ORDER OF NON-DISCLOSURE

On 24 May 2002, the Prosecution confidentially filed a Motion to Utilize Redacted Version of 11 March 1999 Statement of Fred Abrahams and for Order of Non-Disclosure. The Prosecution argued, inter alia, that the non-disclosure that it had requested in the Motion was justified under Rule 69 and Rule 70(B). On 29 May 2002, the Trial Chamber denied the Motion. It considered, inter alia, that there was nothing in the Motion indicating that the information provided had been used solely for the purpose of generating new evidence as set out in Rule 70(B).

Bench of the Appeals Chamber - Judges Jorda (Presiding), Hunt and Pocar
REASONS FOR REFUSAL OF LEAVE TO APPEAL FROM DECISION TO IMPOSE TIME LIMIT

On 16 May 2002, the Bench of the Appeals Chamber gave its Reasons for refusing the Leave to Appeal the Trial Chamber Decision to impose a time limit on the Prosecution case (see Weekly Update No. 218). The Bench considered, inter alia, that certification by the Trial Chamber was necessary for leave to appeal the Trial Chamber Decision pursuant to Rule 73(C) of the Rules of Procedure and Evidence. The Prosecution had not applied for such a certificate.

Update No. 220 -17 May 2002

Update No. 219 -10 May 2002

Trial Chamber III - Judges May (Presiding), Robinson and Kwon
FIRST DECISION ON PROSECUTION MOTION FOR PROTECTIVE MEASURES FOR SENSITIVE SOURCE WITNESSES

On 3 May 2002, the Trial Chamber ordered that the 36 witnesses for whom the Prosecution made applications for protective measures be granted those measures in accordance with Rules 69 and 75 of the Rules of Procedure and Evidence as follows:

(a) the witnesses shall be identified and referred to by the pseudonym mentioned in confidential and ex parte Annexes;
(b) the statements of the witnesses and exhibits which may be disclosed through those witnesses redacted so as to remove identifying information, shall be disclosed to the accused, his appointed associates and the amici curiae by 26 July 2002, unless otherwise ordered by the Trial Chamber;
(c) the unredacted statements and related exhibits of the witnesses shall be disclosed to the accused and his appointed associates not less than ten days and in case of the amici curiae not less than 30 days before the witness is expected to testify;
(d) the accused and his appointed associates shall not disclose the material to third parties except to the extent directly and specifically necessary for the preparation and presentation of the Defence case. The amici curiae shall not disclose the material to third parties except to the extent directly and specifically necessary for the assistance of the Trial Chamber. The accused, his appointed associates and the amici curiae are required to obtain non-disclosure agreements from third parties as a precondition for release of the material to them.

Bench of the Appeals Chamber - Judges Jorda (Presiding), Hunt and Pocar
DÉCISION RELATIVE À LA RÊQUETE DE L'ACCUSATION AUX FINS D'AUTORISATION D'INTERJETER APPEL INTERLOCUTOIRE

On 10 April 2002, the Trial Chamber gave an oral ruling (see Weekly Update No. 215 and 216). On 16 April 2002, the Prosecution filed a Request for Leave to File an Interlocutory Appeal against the Trial Chamber oral ruling. On 26 April 2002, a Bench of the Appeals Chamber rejected the Prosecution Request. Further written reasons will follow in due time.

Trial Chamber III - Judges May (Presiding), Robinson and Kwon
ORDER

On 16 April 2002, the Trial Chamber varied its Order of 15 November 2001. Rule 44 of the Rules of Procedure and Evidence shall apply to Zdenko Tomanovic and Dragoslav Ognjanovic as lawyers with whom the accused may communicate for the purpose of preparing his defence. They shall be subject to the Code of Professional Conduct for Defence Counsel Appearing Before the International Tribunal. The accused shall be entitled to communicate fully and without restraint with Zdenko Tomanovic and Dragoslav Ognjanovic in accordance with the provisions Rule 67 of the Rules of Detention. Zdenko Tomanovic and Dragoslav Ognjanovic are bound by all existing Orders of the Trial Chamber including, in particular, all Orders for protective measures.

DECISION ON PROSECUTION REQUEST FOR AGREEMENT OF TRIAL CHAMBER TO AMENDED SCHEDULE OF FILINGS

On 18 April 2002, the Trial Chamber ordered that the Prosecution file its pre-trial material by 1 June 2002 and that thereafter any pre-trial material may be admitted only on good cause being shown.
The rest of the Prosecution Request for Agreement of Trial Chamber to Amended Schedule of Filings was rejected.

REASONS FOR DECISION ON PROSECUTION INTERLOCUTORY APPEAL FROM REFUSAL TO ORDER JOINDER

On 18 April 2002, the Trial Chamber rendered its written reasons for the Decision that it had given orally during a hearing on 30 January 2002 (see Weekly Update No. 205).

President of the Tribunal - Judge Jorda
ORDONNANCE DU PRÉSIDENT PORTANT NOMINATION DE JUGES À UN COLLÈGE DE LA CHAMBRE D'APPEL

On 16 April 2002, the Prosecution had filed an Application for Leave to File an Interlocutory Appeal pursuant to Rule 73(D) of the Rules of Procedure and Evidence. The Prosecution brought this application challenging the Trial Chamber's oral ruling of 10 April 2002 whereby the Chamber ordered that the Prosecution case be completed within a period of one year from the date of the ruling (see also the Overview of Court Proceedings and Weekly Update No. 215).
On 17 April 2002, the President assigned the following Judges to a Bench of the Appeals Chamber to rule on the Prosecution's Application for Leave to File an Interlocutory Appeal:

Judge Claude Jorda (Presiding)
Judge David Hunt
Judge Fausto Pocar
Pasko LJUBICIC Case
Trial Chamber I - Pre-Trial Judge El Mahdi

ORDONNANCE PORTANT CALENDRIER SUITE AU DEPOT D'UN NOUVEL ACTE D'ACCUSATION

On 17 April 2002, the pre-trial Judge ordered that the Defence file its comments on the new Indictment no later than 2 May 2002.

On 15 March 2002, the Trial Chamber issued a Decision setting out the protective measures for the Prosecution witnesses.

DECISION ON PROSECUTION REQUEST TO FILE CONFIDENTIALLY RULE 65 ter WITNESS AND EXHIBIT LISTS AND WITNESS STATEMENTS REQUIRED BY RULE 66 (A)(ii)

On 21 March 2002, the Trial Chamber issued a Decision ordering inter alia that the Prosecution may file its Rule 65 ter (E)(ii), Rule 65 ter (E)(ii) and Rule 66 (A)(ii) material on 30 April 2002 on a confidential basis. The Prosecution shall apply for protective measures with respect to witnesses identified in the material to be filed confidentially by 1 June 2002.

DECISION ON PROSECUTION'S REQUEST TO HAVE WRITTEN STATEMENTS ADMITTED UNDER RULE 92 BIS

On 21 March 2002, the Trial Chamber issued its written reasons following the oral decision of 12 March 2002 (see Weekly Update No. 211). The Trial Chamber admitted the Prosecution's Rule 92 bis witness statements provided the Prosecution make a selection of statements to adduce and all the witnesses appear for cross-examination.
Judge Robinson appended a Separate Opinion and Judge Kwon appended a Declaration to the Decision.

Trial Chamber III - Judges May (Presiding), Robinson and Kwon
ORDER TO REGISTRY TO PROVIDE REPORT CONCERNING PRACTICAL FACILITIES AVAILABLE TO ACCUSED

On 6 March 2002, the Trial Chamber ordered the Registrar of the Tribunal to file, within 14 days, a written report setting out:

(1) a summary of facilities made available to the accused in connection with the preparation of his defence since his arrival at the United Nations Detention Unit, both at the Detention Unit and while the accused is physically present at the seat of the Tribunal to attend the trial, including any restrictions which may apply as to the timing or frequency of access to the facilities;
(2) a statement of the facilities currently available to the accused and any restrictions relating thereto; and
(3) any observations on the amici curiae Brief on the Provision of Adequate Facilities to Allow the Accused to Defend Himself which the Registrar may think appropriate to raise at this time.

DECISION ON ACCUSED'S APPLICATION FOR PROVISIONAL RELEASE

The accused requested provisional release during the proceedings on 26 and 27 February 2002. The Trial Chamber denied the request in a written Decision of 6 March 2002. It considered that, despite the practical difficulties faced by the accused, his right to have adequate time and facilities for the preparation of his defence may be safeguarded by means other than provisional release. Moreover, it was not satisfied that the accused, if released, would continue to appear for trial and would not pose any danger to any victim, witness or other person.

DECISION ON PROSECUTION REQUEST FOR FURTHER TIME TO CONTACT WITNESSES

On 6 March 2002, the Trial Chamber ordered that:

(1) the Prosecution be granted an extension until 5 April 2002 in which to contact witnesses in confidential ex parte Schedule B of the Decision on Prosecution Motion for Provisional Protective Measures dated 19 February 2002 ("the Decision") after which their statements are to be disclosed to the accused in unredacted form.
(2) the additional witnesses who have been granted protective measures in other proceedings since the initial request of the Prosecution for provisional protective measures have the protective measures continued to the same extent as witnesses identified in confidential ex parte Schedule A of the Decision;
(3) the Prosecution be granted an extension until 5 April 2002 in which to contact witnesses in confidential ex parte Schedule C of the Decision. These are witnesses for whom the Prosecution had not requested provisional protective measures in its initial request after which their statements are to be disclosed to the accused in unredacted form;
(4) there will be no further extensions of the Trial Chamber's orders.

Trial Chamber III - Judges May (Presiding), Robinson and Kwon
DECISION ON PROSECUTION MOTION FOR PROVISIONAL PROTECTIVE MEASURES PURSUANT TO RULE 69

On 4 January 2002, the Prosecution moved for provisional protective measures, including permission to redact identifying information from witness statements and documents to be disclosed. The Prosecution argued that it was necessary to safeguard the safety and privacy of victims and witnesses. On 19 February 2002, the Trial Chamber ordered that the Prosecution supply copies of all statements or documents in unredacted form by 5 March 2002. In the event that the Prosecution file a motion for protective measures with respect to particular witness statements or documents by 5 March 2002, it will not need to supply unredacted copies of those statements or documents identified in that motion until such time as the Trial Chamber has disposed of the motion. The Trial Chamber further ordered the following:

The accused shall not disclose to the public:

(1) the supporting material disclosed to the accused pursuant to Rule 66(A)(i) of the Rules, except to the limited extent that such disclosure to members of the public is directly and specifically necessary for the preparation and presentation of the accused's case;
(2) the knowledge of the accused or his counsel or representatives with regard to the identities and whereabouts of the witnesses mentioned in the supporting material; or
(3) any evidence or any written of a witness or potential witness, or the substance, in whole or in part, of any such non-public evidence, statement or prior testimony disclosed to the accused pursuant to Rule 66(A)(i) of the Rules.

Trial Chamber III - Judges May (Presiding), Robinson and Kwon
DECISION ON PROSECUTION'S MOTION FOR PROTECTIVE MEASURES

On 12 February 2002, the Trial Chamber ordered as follows:

(1) the Prosecution may refer to the witness by the pseudonym given in the Motion when referring to the witness in public until such time as the witness is called to testify and the protection set out in this Decision shall apply to the witness until further order;
(2) the Prosecution shall disclose the name and the other redacted information of the witness to the amici curiae not less than 30 days and to the accused not less than 10 days before the witness is expected to testify;
(3) the Prosecution shall be at liberty to apply for specific protective measures for the witness when testifying, including the use of pseudonym, image distortion and closed sessions, prior to the date on which the witness is to testify;
(4) all hearings to consider the issue of protective measures for the witness shall be held in closed session and only released to the public and to the media after review by the Prosecution, in consultation with the Victims and Witness Section;
(5) all material pertaining to the witness shall be returned to the Registry following the close of this proceeding;
(6) all provisions of this Decision shall apply equally to the amici curiae;
(7) the name and other identifying data of the witness, including his or her whereabouts, shall not be disclosed to the public;
(8) the name, address, whereabouts of and identifying data concerning the witness shall be sealed and not included in any public records of the Tribunal;
(9) to the extent that the name, address, whereabouts or other identifying data concerning the witness are contained in existing public documents of the Tribunal, that information shall be expunged from those documents; and
(10) documents of the Tribunal identifying the witness shall not be disclosed to the public or the media.

Appeals Chamber - Judges Jorda (Presiding), Hunt, Güney, Pocar and Meron
DECISION ON PROSECUTION INTERLOCUTORY APPEAL FROM REFUSAL TO ORDER JOINDER

On 1 February 2002, the Appeals Chamber allowed the Prosecution's appeal (see Press Release No. 568).

ORDER FOR COMMENCEMENT OF TRIAL

On 4 February 2002, the Trial Chamber ordered as follows:

(1) the trial shall commence on Tuesday 12 February 2002 with the evidence relevant only to the charges relating to Kosovo.
(2) the Prosecution shall by noon on Thursday 7 February confirm that the order of witnesses for the trial remains unchanged or file an amended order.

Appeals Chamber - Judges Jorda (Presiding), Hunt, Güney, Pocar and Meron
DECISION ON PROSECUTION INTERLOCUTORY APPEAL FROM REFUSAL TO ORDER JOINDER

On 1 February 2002, the Appeals Chamber allowed the appeal and ordered that the three Indictments be tried together in one single trial. Unless the Trial Chamber decides otherwise, the trial shall commence on 12 February 2002 with the evidence relevant only to the charges relating to Kosovo (see Press Release No.657).

MILOSEVIC Case ("Kosovo")
Trial Chamber III - Judges May (Presiding), Robinson and Kwon
ORDER ON PROSECUTION MOTION FOR VARIATION

On 21 January, the Trial Chamber varied its order of 11 January 2002 (see Weekly Update No. 203) as follows:

(1) all witness statements available in a working language of the Tribunal but not yet disclosed shall be disclosed immediately to the accused and the amici curiae in that working language, and the Prosecution shall file with the Trial Chamber a report confirming such disclosure, no later than 25 January 2002;
(2) the witness statements of all witnesses listed in confidential Annex A to the Motion who are to testify in person by 28 February 2002 shall be disclosed to the accused and the amici curiae, in one of the working languages of the Tribunal and in a language which the accused understands, by the date indicated in Annex A and, in any event, by 1 February 2002; and
(3) the accused and the amici curiae should make the best use of the time available and prepare for cross-examination of the witnesses but the Trial Chamber will consider at trial any application for an adjournment of cross-examination because of lack of time for preparation and the Prosecution should be ready to call additional witnesses so as to utilise fully the time available to the Trial Chamber.

MILOSEVIC Case ("Croatia and Bosnia")
Trial Chamber III - Judges May (Presiding), Robinson and Kwon
ORDER EXTENDING TIME TO FILE JOINT INDICTMENT

On 16 January, the Trial Chamber granted leave to the Prosecution to delay filing a joint indictment relating to the crimes alleged to have been committed in Bosnia and Croatia until 14 days after the date of the determination by the Appeals Chamber of the interlocutory appeal.

MILOSEVIC Case ("Kosovo")
Trial Chamber III - Judges May (Presiding), Robinson and Kwon
ORDER

On 11 January, the Trial Chamber confirmed its oral orders of 9 January 2002 as follows:

(1) the Prosecution may call 90 witnesses in person, with leave to apply to the Chamber for permission to present additional witnesses;
(2) the Prosecution is instructed to review the proposed list of witnesses whose evidence is to be presented by way of statements pursuant to Rule 92 bis so as to avoid repetition and orders that the applications for admission of such evidence be made forthwith on completion of the certification and translation processes;
(3) the Prosecution shall present its case by the beginning of the summer recess;
(4) written statements of all witnesses to be called in person are to be disclosed to the accused, in a language he understands, prior to the commencement of trial; any witness whose statement has not been so disclosed may only be called with leave of the Trial Chamber;
(5) no witness may be called to testify until at least 30 days after disclosure of the statement of the witness;
(6) the Prosecution shall disclose the name and other redacted information relating to any protected witness to the amici curiae not less than 30 days and to the accused not less than 10 days before the witness is expected to testify; and
(7) no exhibit shall be admitted unless in or accompanied by a translation into one of the working languages of the Tribunal at the time it is tendered.

(See Weekly Update No. 202)

ORDER CONCERNING AMICI CURIAE

On 11 January, the Trial Chamber confirmed its oral Order of 9 January that the amici curiae should also assist it by:

(1) drawing the attention of the Trial Chamber to any defences, for example, self-defence, which may properly be open to the accused to raise on the evidence; and
(2) making submissions as to the relevance, if any, in this trial of the NATO air campaign in Kosovo.

The amici curiae may also assist the Trial Chamber, if appropriate, by identifying witnesses whom the Trial Chamber may itself want to call pursuant to Rule 98 of the Rules and reiterated that the amici curiae should assist the Trial Chamber in any other way they consider appropriate.

INTERLOCUTORY APPEAL OF THE PROSECUTION AGAINST "DECISION ON PROSECUTION'S MOTION FOR JOINDER"

On 15 January, the Prosecution filed its Interlocutory Appeal against the "Decision on the Prosecution's Motion for Joinder.

MILOSEVIC Case ("Kosovo", "Croatia" and "Bosnia Herzegovina")
Bench of the Appeals Chamber - Judges Jorda (Presiding), Hunt and Pocar
DECISION ON PROSECUTION APPLICATION FOR LEAVE TO FILE AN INTERLOCUTORY APPEAL

On 9 January 2002, a Bench of the Appeals Chamber granted leave to file an interlocutory appeal against the Decision on joinder (see Press Release No. 652 and Weekly Update No. 201). The Bench emphasised that this Decision should not be interpreted as preventing the Trial Chamber, if it so decides, from commencing the trial of the accused in the Kosovo case on 12 February 2002.

MILOSEVIC Case ("Kosovo", "Croatia"and "Bosnia Herzegovina")
Trial Chamber III - Judges May (Presiding), Robinson and Kwon
SCHEDULING ORDER

On 23 November 2001, the Trial Chamber ordered the Prosecution to file any application for joinder of the three Milosevic cases (on Kosovo, Croatia and Bosnia and Herzegovina) by close of business on 27 November 2001. The amici curiae shall then have until 12:00 on 10 December to file their responses, if any. The Trial Chamber will hear oral arguments on the Motion for joinder on 11 December 2001. The initial appearance of Slobodan Milosevic for the Bosnia and Herzegovina Indictment was scheduled to take place on the same day at 9:30.

LATEST DEVELOPMENT: On 27 November 2001, the Prosecution filed a motion to join the three Milosevic cases.

ORDER INVITING DESIGNATION OF AMICUS CURIAE

On 23 November, the Trial Chamber invited the Registrar to designate three amici curiae, to assist the Trial Chamber by:

(1) making any submissions properly open to the accused by way of preliminary or other pre-trial motion;
(2) making any submissions or objections to evidence properly open to the accused during the trial proceedings and cross-examining witness as appropriate;
(3) drawing to the attention of the Trial Chamber any exculpatory or mitigating evidence; and
acting in any other way which designated counsel considers appropriate in order to secure a fair trial.

DECISION

On 27 November 2001, the Registrar designated three amici curiae for the Milosevic Case ("Bosnia and Herzegovina" IT-01-51):

Mr. Stephen Kay Q.C., Attorney from London
Mr. Branislav Tapuskovic, Attorney from Belgrade
Mr. Michaïl Wladimiroff, Attorney from The Hague

MILOSEVIC Case ("Bosnia Herzegovina")
Judge May (Confirming Judge)
DECISION ON REVIEW OF INDICTMENT

On 22 November 2001, Judge May confirmed the indictment against Slobodan Milosevic charging him with crimes in Bosnia and Herzegovina between 1992 and 1995. They include:

(a) Genocide and complicity with genocide under Article 4 of the Statute;
(b) Crimes against humanity involving persecution, extermination, murder, imprisonment, torture, deportation and inhumane acts (forcible transfers) under Article 5 of the Statute;
(c) Grave breaches of the Geneva Conventions of 1949 involving wilful killing, unlawful confinement, torture, wilfully causing great suffering, unlawful deportation or transfer, and extensive destruction and appropriation of property under Article 2 of the Statute;
(d) Violations of the laws or customs of war involving, inter alia, attacks on civilians, unlawful destruction, plunder of property, and cruel treatment under Article 3 of the Statute.

MILOSEVIC Case ("Kosovo" and "Croatia")
ORDER

On 15 November 2001, the Trial Chamber ordered Ramsey Clark and John Livingston to be the accused's legal advisors. The accused had asked to meet with them. The Code of Professional Conduct for Defence Counsel Appearing before the Tribunal shall apply to them. This legal advice shall not be at the expense of the Tribunal. The accused shall be entitled to communicate fully and without restraint with the two legal advisors in accordance with Rule 67 of the Rules of Detention.

Update No. 196 - 9 November 2001

MILOSEVIC Case ("Kosovo")
DECISION ON PRELIMINARY MOTIONS

On 8 November 2001 the Trial Chamber issued its written reasons for its oral ruling of 30 October 2001 dismissing the Motions filed by the accused on 9 and 30 August 2001. In the Motions the accused challenged the jurisdiction of the Tribunal.

The Trial Chamber also responded to the issues of fair trial, protection of human rights and the territorial jurisdiction raised by the amici curiae.

The full text of the decision is now available.

MILOSEVIC Case ("Croatia")
ORDER INVITING DESIGNATION OF AMICUS CURIAE

On 30 November 2001, the Trial Chamber considered "it desirable and in the interests of securing a fair trial that an amicus curiae be appointed as permitted by the Rules of Procedure and Evidence, not to represent the accused but to assist in the proper determination of the case, and pursuant to Rule 74".

The Trial Chamber invited "the Registrar to designate Counsel to appear before it as amicus curiae", in order to assist the Chamber by:

(1) making any submissions properly open to the accused by way of preliminary or other pre-trial Motion;
(2) making any submissions or objections to evidence properly open to the accused during the trial proceedings and cross-examining witnesses as appropriate;
(3) drawing to the attention of the Trial Chamber any exculpatory or mitigating evidence; and
(4) acting in any other way which designated Counsel considers appropriate in order to secure a fair trial.

The wording of this Order is identical to that rendered by the same Trial Chamber on 30 August 2001 in IT-99-37 against the same accused for Kosovo (see Weekly Update No. 186 and Judicial Supplement No. 26).

On 30 October 2001, the Registrar appointed the same team to act as amici curiae as in the Kosovo case. They are Mr. Steven Kay QC, Mr. G. Branislav Tapuskovic and Professor Mischa Wladimiroff.

The Registrar reiterated that the three amici curiae will be subject to the provisions of the Code of Professional Conduct for Defence Counsel Appearing before the International Tribunal.

MILOSEVIC Case ("Kosovo")
MOTION TO FILE A SECOND AMENDED INDICTMENT

On 16 October 2001, the Prosecutor filed a motion for leave to amend the amended "Kosovo" indictment confirmed against Slobodan Milosevic, Milan Milutinovic, Nikola Sainovic, Dragoljub Ojdanic and Vlajko Stojiljkovic on 29 June 2001.

The next day, the Trial Chamber ordered that: (1) the amici curiae shall have until 12 noon on 25 October 2001 to file their responses, if any, to the above motion; and (2) oral arguments on the motion shall be heard on 29 October 2001.

MILOSEVIC Case ("Croatia")
CROATIA INDICTMENT CONFIRMED

On 8 October 2001, Judge Almiro Rodrigues confirmed an indictment charging Slobodan Milosevic with crimes committed in Croatia between at least 1 August 1991 and June 1992 (see Press Release No. 627).

The initial appearance for Milosevic to plead to the counts charged in this indictment has been scheduled to take place on 29 October 2001 at 10 a.m.

Update No. 190 - 28 September 2001

MILOSEVIC Case ("Kosovo")
ORDER REGARDING PRELIMINARY MOTIONS

On 21 September 2001, Judge May, the pre-trial Judge in this case, ordered the amici curiae to file any preliminary motions pursuant to Rule 72 and any responses to the accused's presentation on the alleged illegality of the ICTY by 19 October 2001. The prosecution has until 26 October 2001 to file its written response and oral argument on any such preliminary motion shall be heard on 29 October 2001 at 10 a.m.

MILOSEVIC Case ("Kosovo")
ORDER CONCERNING PROVISION OF DOCUMENTS TO AMICI CURIAE

On 19 September 2001, Judge May, the pre-trial Judge in this case, issued an order directing the Registrar of the Tribunal to immediately provide the amici curiae with copies of all material, including confidential material, provided to the accused. However, the Registrar is not required to provide any filing that may have been made on an ex parte basis. The amici curiae were ordered to maintain and preserve the confidentiality of such documents.

PROSECUTION MOTION TO DISCLOSE WITNESS STATEMENTS IN ENGLISH DISMISSED

Also on 19 September 2001, Trial Chamber III (Judges May (Presiding), Robinson and Fassi Fihri) denied the prosecution's motion for permission to disclose witness statements to the accused only in English pursuant to Rule 66(A)(ii), filed on 7 September 2001.

In reaching its decision, the Trial Chamber considered that the native language of the accused is not English and that, although the reasons put forward to support the motion are based largely on matter of judicial economy, the minimum rights to the accused guaranteed in Article 21(4) of the Tribunal's Statute and the disclosure obligations pursuant to Rule 66(A)(ii), which are intended to ensure that the accused is informed of the charge against him and to ensure a fair trial, in this particular case are "so fundamental as to outweigh the considerations of judicial economy".