Case No.: IT-02-54-T

IN THE TRIAL CHAMBER

Before:
Judge Richard May, Presiding
Judge Patrick Robinson
Judge O-Gon Kwon

Registrar:
Mr. Hans Holthuis

Decision of:
17 December 2003

PROSECUTOR

v.

SLOBODAN MILOSEVIC

_________________________________________________

DECISION ON PROSECUTION SUBMISSION OF EXPERT STATEMENTS PURSUANT TO RULE 94 bis

__________________________________________________

The Office of the Prosecutor

Ms. Carla Del Ponte
Mr. Geoffrey Nice
Mr. Dermot Groome

The Accused

Mr. Slobodan Milosevic

Amici Curiae

Mr. Steven Kay, QC
Mr. Branislav Tapuskovic
Prof. Timothy L.H. McCormack

 

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 a "Prosecution Submission of Expert Statements Pursuant to Rule 94 bis", filed on 3 December 2003 ("Motion"), in which the Prosecution seeks to admit the expert report of Mr. Ton Zwaan "On the Aetiology and Genesis of Genocides and Other Mass Crimes Targeting Specific Groups" pursuant to Rule 94 bis,

NOTING that the Trial Chamber had reserved making a determination as to whether to add this witness to the Prosecution witness list until his report had been filed pursuant to
Rule 94 bis,1

CONSIDERING the Trial Chamberís ruling subsequent to the filing of the Prosecutionís pre-trial material for the Croatia and Bosnia part of these proceedings that it would only allow the admission of additional material by the Prosecution on good cause being shown,2

CONSIDERING that, with respect to this witness, the Trial Chamber accepts that the explanation offered in the Motion satisfies the Trial Chamber that its requirement that good cause be shown is satisfied, in that the witness has only recently been identified and produced his report and that his expert evidence is relevant and important,

PURSUANT TO Rules 54 and 94 bis of the Rules of Procedure and Evidence

HEREBY ORDERS:

  1. Witness Ton Zwaan may be added to the Prosecution witness list.

  2. The expert report of the witness and addendum is admitted pursuant to
    Rule 94 bis.

 

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

____________
Richard May
Presiding

Dated this seventeenth day of December 2003
At The Hague
The Netherlands

[Seal of the Tribunal]


1. "Decision on Prosecutionís Fourth Omnibus Motion for Leave to Amend the Witness List and Request for Protective Measures", 21 November 2003.
2. "Decision on Prosecution Request for Agreement of Trial Chamber to Amend Schedule of Filings", 18 April 2002, p.3.