Judge Claude Jorda, Presiding
Judge Fouad Riad
Judge Almiro Simões Rodrigues

Mr. Jean-Jacques Heintz, Deputy Registrar

Order of:
11 December 1998







The Office of the Prosecutor:

Mr. Geoffrey Nice
Mr. Vladimir Tochilovsky

Defence Counsel:

Mr. Veselin Londrovic
Mr. Michael Greaves
Mr. Jovan Babic


TRIAL CHAMBER I 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 (hereinafter "the International Tribunal");

PURSUANT to Rule 54 and Sub-rules 90 (B) and (G) of the Rules of Procedure and Evidence (hereinafter "the Rules"),

PURSUANT to Article 14 of the Code of Professional Conduct for Defence Counsel Appearing before the International Tribunal (hereinafter "Code of Professional Conduct"),

NOTING the "Decision on Communication between the Parties and their Witnesses" rendered on 21 September 1998 by Trial Chamber II in the case The Prosecutor v. Kupreskic et al.,

CONSIDERING that, pursuant to Sub-rule 90 (B) of the Rules, witnesses must make a solemn declaration to tell the truth before testifying before the Trial Chambers,

CONSIDERING that, from the moment they make the solemn declaration at the latest, the witnesses must no longer be considered witnesses of either of the parties to the trial but only as witnesses of justice,

CONSIDERING that the Judges may take any steps necessary to reach the factual representation of the truth in respect of the charges ascribed and inter alia to "make the interrogation and presentation Sof evidenceC effective for the ascertainment of the truth" (Sub-rule 90 (G) of the Rules),

CONSIDERING moreover, that all communication between the parties and the witness in respect of the content of the witness’ testimony after the said solemn declaration would risk calling into question the integrity of that testimony or the credibility of the witness,

CONSIDERING lastly that, pursuant to Article 14 of the Code of Professional Conduct, counsel are obligated to "maintain the integrity of evidence, whether in written, oral or any other form, which is or may be submitted to the Tribunal",


ORDERS the Prosecution and the Defence to discontinue meeting with the witnesses called to testify after they have made the solemn declaration pursuant to Sub-rule 90 (B) of the Rules,

ORDERS either party wishing to meet with a witness after that witness has made the solemn declaration to so inform beforehand the Victims and Witnesses Unit and the opposing party,

STATES that, should the opposing party have sufficient grounds to believe that such meeting might prejudice the integrity of a testimony or the credibility of the witness, it may seize the Trial Chamber,

ORDERS the Victims and Witnesses Unit to take charge of the witnesses, as needed, immediately after their having made the solemn declaration, to afford them the necessary emotional and psychological support throughout the period of their appearance before the Trial Chambers until the final conclusion of their testimony, and to inform the Trial Chamber of any possible difficulty regarding the implementation of this decision.

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


Claude Jorda
Presiding Judge Trial Chamber I

Done this eleventh day of December 1998
At The Hague
The Netherlands

(Seal of the Tribunal)