Before: Judge Adolphus G. Karibi-Whyte, Presiding

Judge Elizabeth Odio Benito

Judge Saad Saood Jan

Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of: 13 November 1997



ZDRAVKO MUCIC also known as "PAVO"
ESAD LANDZO also known as "ZENGA"




The Office of the Prosecutor:

Mr. Grant Niemann

Ms. Teresa McHenry

Mr. Giuliano Turone

Counsel for the Accused:

Ms. Edina Residovic, Mr. Ekrem Galijatovic, Mr. Eugene O’Sullivan, for Zejnil Delalic

Mr. Zeljko Olujic, Mr. Michael Greaves, for Zdravko Mucic

Mr. Salih Karabdic, Mr. Thomas Moran, for Hazim Delic

Mr. John Ackerman, Ms. Cynthia McMurrey, for Esad Landzo


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 a "Motion To Seek Leave to Call Additional Expert Witnesses" (Official Record at Registry Page (RP) D5199 - D5201) filed by the Office of the Prosecutor ("Prosecution") on 1 October 1997 ("Motion");

CONSIDERING that a Notification of Additional Expert Witnesses (RP D5202 - D5211) was filed by the Prosecution on 1 October 1997 ("Notification");

CONSIDERING that the Prosecution requests leave to call Dr. James Gow and Professor Constantin Economides as additional expert witnesses to address the Trial Chamber on the international character of the armed conflict in Bosnia and Herzegovina, and the status of the victims as protected persons pursuant to Article 2 of the Statute of the International Tribunal;

NOTING that this Trial Chamber, in its Order to Provide Notice of Expert Witnesses (RP D2671 - D2673) of 25 January 1997 ("Order"), decided that notice of expert witness testimony is to be given by 31 January 1997 except where good cause is shown;

CONSIDERING that the Prosecution asserts that new facts have come to its knowledge and that the Opinion and Judgement of 7 May 1997 in the case of the Prosecutor v. Dusko Tadic (Case No. IT-94-1-T) (RP D17338 - D17687) has raised new issues on the question of the international character of the conflict;

CONSIDERING that during oral argument on the Motion before the Trial Chamber on 23 October 1997, the Defence for all four accused ("Defence") objected to the calling of Professor Economides since it did not consider it to be an appropriate use of an expert witness when the witness is to testify to the Trial Chamber on international law, and in the view of the Defence, the determination of international law remains within the exclusive province of the Trial Chamber;

NOTING Article 20 of the Statute of the International Tribunal ("Statute") which mandates the Trial Chamber to ensure that a trial is fair and expeditious and that the proceedings are conducted in accordance with the Rules of Procedure and Evidence of the International Tribunal ("Rules");

NOTING Article 21(4) of the Statute which endows the accused with certain fair trial rights, in particular Article 21(4)(b) which stipulates that the accused shall be entitled to adequate time and facilities for the preparation of his defence;

CONSIDERING that by the Notification the Defence is informed of the matters to be dealt with in the testimony of the expert witnesses and given an opportunity to obtain the articles or reports written by the witnesses in due time before their testimony in court;

CONSIDERING FURTHER that granting of the Motion would not unduly affect any of the accused’s fair trial rights and in particular, the right to adequately prepare his defence;

CONSIDERING FURTHER that the Trial Chamber is satisfied in the circumstances that the Prosecution has shown good cause in accordance with the terms of the Order;

CONSIDERING FURTHER that the principle of iura novit curia does not prevent the Trial Chamber from being addressed on certain matters of law by either of the parties;


HEREBY GRANTS the Prosecution’s Motion for leave to call Dr. James Gow and Professor Constantin Economides as additional expert witnesses .


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


Adolphus Godwin Karibi-Whyte

Presiding Judge

Dated this thirteenth day of November 1997

At The Hague,

The Netherlands.

[Seal of the Tribunal]