Before: Judge Richard May, Presiding

Judge Mohamed Bennouna

Judge Patrick Robinson

Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of: 5 March 1999








The Office of the Prosecutor

Mr. Geoffrey Nice
Mr. Kenneth Scott
Ms. Susan Somers
Mr. Patrick Lopez-Terres


Counsel for the Accused

Mr. Mitko Naumovski, Mr. Leo Andreis, Mr. David F. Geneson, Mr. Turner T. Smith, Jr., and Ms. Ksenija Turkovic, for Dario Kordic
Mr. Bozidar Kovacic
, for Mario Cerkez


THIS TRIAL CHAMBER of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 ("the International Tribunal"),

BEING SEISED OF the confidential ex parte "Motion for Protective Measures and to delay disclosure of possible Prosecution witness" filed by the Office of the Prosecutor ("Prosecution") on 23 February 1999, the confidential ex parte "Prosecutor’s Motion to defer the March 11 deadline as to Rule 73 bis requirements for 6 sensitive witnesses" filed by the Prosecution on 3 March 1999 and the confidential ex parte "Prosecutor’s Motion for ruling on disclosure and for protective measures" filed by the Prosecution on 4 March 1999 in respect of another potential witness (together "the Motions"),

NOTING the Orders of this Trial Chamber of 13 January 1999 and 26 February 1999 requiring the Prosecution to disclose to the Defence by Friday 5 March 1999 statements of all witnesses that the Prosecution intends to call at trial and to file by Thursday 11 March 1999 the witness list required pursuant to Rule 73 bis (B)(iv),

CONSIDERING that the timing of the filing of the Motions is such that it is not possible for the Trial Chamber to rule definitively on the matters now before it prior to the date on which the Prosecution would otherwise be required to disclose the material sought to be protected,

PURSUANT TO Rules 54 and 127 of the Rules of Procedure and Evidence of the International Tribunal,

HEREBY TEMPORARILY RELEASES the Prosecution from its obligation to disclose the material referred to in the Motions, pending further order of the Trial Chamber.


Done in English and French, the English text being authoritative.


Richard May


Dated this fifth day of March 1999

At The Hague

The Netherlands

[Seal of the Tribunal]