Case No.: IT-02-54-T
IN THE TRIAL CHAMBER
Before:
Judge Patrick Robinson, Presiding
Judge O-Gon Kwon
Judge Iain Bonomy
Registrar:
Mr. Hans Holthuis
Decision of:
1 July 2005
PROSECUTOR
v.
SLOBODAN MILOSEVIC
_____________________________________________________________________
ORDER TO AMICUS CURIAE TO PREPARE WRITTEN SUBMISSIONS
_____________________________________________________________________
The Office of the Prosecutor
Ms. Carla Del Ponte
Mr. Geoffrey Nice
The Accused
Mr. Slobodan Milosevic
Court Assigned Counsel
Mr. Steven Kay, QC
Ms. Gillian Higgins
Amicus Curiae
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 ("International Tribunal"),
Proprio motu,
NOTING the Trial Chamber’s "Order Appointing Amicus Curiae", issued on 22 November 2002, in which the Chamber noted that "it would be in the interests of securing a fair trial for a third amicus curiae with expertise in international law to be appointed", and designated Professor McCormack as an Amicus Curiae for the purposes of (1) making written submissions on and appearing before the Trial Chamber to address questions of international law when requested, and (2) drawing the Trial Chamber’s attention to relevant issues of international law,
NOTING the submissions of the Amicus Curiae on the law of self-defence arising in the Kosovo part of the Prosecution case, in response to a request from the Chamber,1
NOTING that, after the Amicus submitted proprio motu observations noting self-defence issues arising in the Croatia and Bosnia and Herzegovina parts of the Prosecution case,2 the Chamber ordered him to prepare written submissions for those parts of the case on the same basis as those prepared for the Kosovo part of the case,3 a request which he subsequently fulfilled,4
CONSIDERING that it is appropriate for the Amicus to complete his review of the issue of self-defence by reviewing the evidence presented during the Defence part of the case and preparing submissions with regard to self-defence arising in the Defence case on the same basis as those already submitted for the three parts of the Prosecution case,
NOTING that, on the basis of indications from the Accused, the Kosovo part of the Defence case is near completion,5 and that it would be appropriate for the Amicus to commence work on this matter now, so as to enable him to conclude such work at an appropriate time to be ordered by the Trial Chamber closer to the conclusion of the trial,
PURSUANT TO Rules 54 and 74 of the Rules of Procedure and Evidence of the International Tribunal;
HEREBY ORDERS AS FOLLOWS:
Done in English and French, the English text being authoritative.
___________________________
Judge Robinson
Presiding
Dated this first day of July 2005
At The Hague
The Netherlands
[Seal of the Tribunal]