Case No.: IT-02-54-T

IN THE TRIAL CHAMBER

Before:
Judge Richard May, Presiding
Judge Patrick Robinson
Judge O-Gon Kwon

Registrar:
Mr. Hans Holthuis

Order of:
11 December 2002

 

PROSECUTOR
v.
SLOBODAN MILOSEVIC

_________________________________________________

ORDER TO AN AMICUS TO PREPARE WRITTEN SUBMISSIONS

_________________________________________________

 

The Office of the Prosecutor

Ms. Carla Del Ponte
Mr. Geoffrey Nice
Mr. Dermot Groome

The Accused

Slobodan Milosevic

Amici Curiae

Mr. Steven Kay, QC
Mr. Branislav Tapuskovic
Prof. Timothy L.H. McCormack

 

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"),

CONSIDERING the Order of the Trial Chamber appointing Professor Timothy L.H. McCormack, pursuant to Rule 74 of the Rules of Procedure and Evidence, as amicus curiae to these proceedings,

HEREBY ORDERS Professor McCormack, as amicus curiae, to prepare written submissions on:

  1. Self-defence as it has arisen in the Kosovo part of this case;
  2. An analysis of the applicable law, tracing the history and growth of that defence in international criminal law; and
  3. Present his conclusions as to its current status under customary and conventional international law.

In view of the stage of the trial, no conclusion is to be drawn as to whether self-defence is substantiated by the evidence led.

The submissions are to be prepared by 31 March 2003, after which time Professor McCormack may be requested to attend court for a hearing on the matter.

 

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

__________________
Richard May
Presiding

Dated this eleventh day of November 2002
At The Hague
The Netherlands

[Seal of the Tribunal]