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

Order of:
21 February 2006

PROSECUTOR

v.

SLOBODAN MILOSEVIC

_____________________________________________________________

ORDER ON REQUEST OF THE UNITED STATES OF AMERICA FOR LEAVE TO FILE A WRITTEN SUBMISSION

_____________________________________________________________

Office of the Prosecutor:

Ms. Carla Del Ponte
Mr. Geoffrey Nice

The Accused:

Mr. Slobodan Milosevic

Court Assigned Counsel:

Mr. Steven Kay
Ms. Gillian Higgins

Amicus Curiae:

Prof. Timothy McCormack

The United States of America:

Mr. Clifton M. Johnson
Ms. Heather A. Schildge

 

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 ("Tribunal");

NOTING the "Request by Assigned Counsel Motion for the Recall of Prosecution Witness General Clark Pursuant to Rule 54 and for the Trial Chamber to Review the ‘Decision on Prosecution’s Application for a Witness Pursuant to Rule 70(B)’ Dated 30 October 2003", filed on 10 February 2006 ("Request"), in which Assigned Counsel seek for the recall of Prosecution witness General Clark for further cross-examination and to review and change the terms of the Trial Chamber’s previous Decision on the terms under which the witness could testify ("Clark Decision");1

NOTING the "Preliminary Order on Request by Assigned Counsel for the Recall of Witness General Clark and for Review of a Previous Decision", issued on 14 February 2006 ("Preliminary Order"), which ordered Assigned Counsel to file certain submission within seven days of the date of the Preliminary Order ("further Assigned Counsel submissions");

BEING SEIZED OF a "Request of the United States of America for Leave to File a Written Submission in Response to the Defense’s Request for the Recall of Prosecution Witness General Clark and for the Trial Chamber to Review the ‘Decision on Prosecution’s Application for a Witness Pursuant to Rule 70(B)’ Dated 30 October 2003", filed on 15 February 2006 ("Request for Leave to File"), in which the United States argues that "any consideration to authorize the recall of General Clark directly implicates the United States Government and information received by its officials during the conduct of their duties";2 asserts a "direct interest in the Defense’s Request that the Trial Chamber reconsider its previous Decision that granted the protections requested by the United States pursuant to Rule 70";3 and requests leave to file a written submission in response to the Request;

NOTING that the Clark Decision was issued pursuant to the provision of the witness by the United States Government under Rule 70,4

CONSIDERING that it is appropriate for the United States Government to be given the opportunity to respond to the Request, as well as any additional information provided by Assigned Counsel in compliance with the Preliminary Order;

PURSUANT TO Rule 54 of the Rules of Procedure and Evidence of the Tribunal,

HEREBY GRANTS the Request for Leave to File and ORDERS the United States to file any written submission it wishes to make within seven days of the date of filing of the further Assigned Counsel submissions.

 

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

_______________________
Judge Robinson
Presiding

Dated this twenty-first day of February 2006
At The Hague
The Netherlands

[Seal of the Tribunal]


1. Prosecutor v. Milosevic, Case No. IT-02-54-T, "Decision on Prosecution’s Application for a Witness Pursuant to Rule 70(B)", 30 October 2003 ("Clark Decision"). The Decision was issued confidentially but changed to a public document by subsequent order of the Chamber on 17 October 2003.
2. Request for Leave to File, para. 2.
3. Ibid., para. 3.
4. The terms under which the Trial Chamber was bound to deal with the application were set out in a ruling of the Appeals Chamber. Prosecutor v. Milosevic, IT-02-54-AR108bis & AR73.3, "Decision on the Interpretation and Application of Rule 70", 23 October 2002.