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

Order of:
17 November 2003

PROSECUTOR

v.

SLOBODAN MILOSEVIC

_________________________________

ORDER ON THE TESTIMONY OF GENERAL WESLEY CLARK

_________________________________

Office of the Prosecutor:

Mr. Geoffrey Nice
Ms. Hildegaard Uertz-Retzlaff
Mr. Dermot Groome

The Accused:

Mr. Slobodan Milosevic

Amicus Curiae:

Mr. Steven Kay
Mr. Branislav Tapuskovic
Mr. Michaïl Wladimiroff

 

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 ("International Tribunal"),

HAVING ISSUED a confidential "Decision on Prosecutionís Application for a Witness Pursuant to Rule 70 (B)" on 30 October 2003, by which the Trial Chamber granted the addition of General Wesley Clark ("witness") to the Prosecution witness list and extensive protective measures imposed by the Government of the United States of America ("US Government") under Rule 70 of the Rules of Procedure and Evidence ("Rules"),

CONSIDERING that the witness has publicly stated that he would testify in these proceedings and that there is no longer any need to maintain the confidentiality of the fact that the witness will testify or the terms under which that testimony will take place,

NOTING that the Prosecution has requested the Trial Chamber to schedule the testimony of the witness, and that the witness and the US Government have indicated through the Prosecution that the witness is available to testify on 15 and 16 December 2003,

PURSUANT TO Rule 54 of the Rules,

HEREBY ORDERS AS FOLLOWS:

  1. The witness shall testify on Monday, 15 December 2003, commencing at 9am, and be available for completion of his testimony on Tuesday, 16 December 2003;

  2. The Prosecution shall disclose to the parties and submit to the Trial Chamber the book of the witness, Waging Modern War, marked so as to identify the passages on which it intends to rely in evidence-in-chief;
  3. The 30 October 2003 "Decision on Prosecutionís Application for a Witness Pursuant to Rule 70 (B)", which was issued confidentially, shall forthwith be made public; and
  4. The Trial Chamber may issue further orders with respect to the testimony of the witness.

 

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

___________
Richard May
Presiding

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

[Seal of the Tribunal]