Before: Judge Richard May

Judge Mohamed Bennouna

Judge Patrick Robinson

Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh

Decision of: 15 February 1999








The Office of the Prosecutor:

Mr. Geoffrey Nice
Ms. Susan Somers
Mr. Patrick Lopez-Terres
Mr. Kenneth Scott

Counsel for the Republic of Croatia

Mr. David B. Rifkin, Jr.
Mr. Lee A. Casey

Counsel for the Accused:

Mr. Mitko Naumovski, Mr. Leo Andreis, Mr. Turner Smith, Mr. David Geneson and Mr. Ksenija Durkovic, for Dario Kordic
Mr. Bozidar Kovacic, for Mario Cerkez


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"),

BEING SEISED of the "Prosecutor’s Motion for reconsideration concerning binding Order to the Republic of Croatia for the production of documents" and the confidential ex parte Memorandum in support thereof ("the Motion for Reconsideration"), filed by the Office of the Prosecutor ("Prosecution") on 29 January 1999 and the Opposition of the Republic of Croatia to the Motion for Reconsideration filed on 4 February 1999,

NOTING that the Prosecution argues that the documents requested by it but rejected by the Trial Chamber in its Order to the Republic of Croatia for the production of documents issued on 22 January 1999 "are directly relevant to the prosecution of this case" and asks that the Trial Chamber "reconsider and grant the remaining parts of [the] 24 July 1998 application",

NOTING that the Republic of Croatia objects to such reconsideration on the basis that the Rules of Procedure and Evidence of the International Tribunal ("Rules") do not provide for such motions and that the Motion for Reconsideration is impermissible and, further, that the Trial Chamber’s decision not to order production of the documents was correct,

NOTING that the Prosecution does not refer to any provision of the Statute of the International Tribunal nor to any Rule in support of its request for reconsideration,

CONSIDERING that the matter was fully argued before the Trial Chamber and the Prosecution does not assert that there are any new facts that would warrant further consideration by the Trial Chamber,

CONSIDERING that motions to reconsider are not provided for in the Rules and do not form part of the procedures of the International Tribunal,

HEREBY REJECTS the Motion for Reconsideration.


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


Richard May


Dated this fifteenth day of February 1999

At The Hague,

The Netherlands

[The seal of the Tribunal]