The Office of the Prosecutor:

Mr. Mark Harmon
Mr. Andrew Cayley
Mr. Gregory Kehoe

Defence Counsel:

Mr. Anto Nobilo
Mr. Russell Hayman

I, Claude Jorda, Presiding Judge of Trial Chamber I of the International Criminal Tribunal for the former Yugoslavia (hereinafter "the Tribunal"),

CONSIDERING the subpoena duces tecum issued to Bosnia and Herzegovina and to the Custodian of the Records of the Central Archive of what was formerly the Ministry of Defence of the Croatian Community of Herceg Bosna dated 15 January 1997,

CONSIDERING the subpoena duces tecum issued to Bosnia and Herzegovina and to Mr. Stjepan Ivankovic, Director of the War Archive of the Croatian Community of Herceg Bosna or to his successor dated 30 April 1997,

CONSIDERING the ex parte and confidential motion of the Prosecutor of the Tribunal filed on November 21, 1997 seeking a binding order for the production of documents (hereinafter "the Motion"),

CONSIDERING Article 29 of the Statute of the Tribunal and Rule 54 of the Rules of Procedure and Evidence,

NOTING that the subpoenae duces tecum for the production of documents addressed to Bosnia and Herzegovina by the Tribunal dated 15 January and 30 April 1997 have not been respected,

NOTING that on 29 October 1997, the Appeals Chamber of the Tribunal in its "Judgement on the Request of the Republic of Croatia for Review of the Decision of Trial Chamber II of 18 July 1997" (hereinafter "the Judgement of the Appeals Chamber"), deemed that the Tribunal could not issue subpoenae duces tecum to produce documents to States or to State officials acting in their official capacity,

NOTING that in that same Judgement the Appeals Chamber ruled that the Tribunal could issue binding orders to States but not to State officials acting in their official capacity,

NOTING that the Appeals Chamber further specified the conditions which the requests for the issuance of binding orders must fulfil,

NOTING that during the status conference held on 28 November 1997, the Prosecution declared that its Motion seeking a binding order should be considered, in fact, as superseding its previous requests for the issuance of subpoenae,

NOTING that the documents whose production is being sought may constitute both inculpatory and exculpatory evidence and, as such, appear particularly necessary for establishing the truth,

NOTING that although the documents which the Trial Chamber has been requested to order the production of appear particularly numerous, the review of the motion demonstrates that the said documents are not fundamentally different from the ones which Bosnia and Herzegovina had previously been ordered to produce,

NOTING that the authorities of Bosnia and Herzegovina have already had the time required for identifying, locating and producing the documents in question,

NOTING that it follows from the above that the Motion of the Prosecutor appears well- founded, precise and reasonable, in the sense of the Judgement of the Appeals Chamber,

ORDER therefore that Bosnia and Herzegovina disclose to the Office of the Prosecutor the documents, the confidential list of which is appended ex parte to this decision, as quickly as possible, and, at the latest, by 10 January 1998,

RESERVE at this stage the review of the other elements in the Motion of the Prosecutor.

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

Done this seventeenth day of December 1997
At The Hague
The Netherlands

(signed)
__________________________
Claude Jorda
Presiding Judge, Trial Chamber I