Case No.: IT-02-54-T


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

Mr. Hans Holthuis

Order of:
4 September 2003








The Office of the Prosecutor

Mr. Geoffrey Nice
Mr. Dirk Ryneveld
Ms. Hildegaard Uertz-Regzlaff
Mr. Dermot Groome

The Accused

Slobodan Milosevic

Amicus Curiae

Mr. Steven Kay
Mr. Timothy McCormack
Mr. Branislav Tapuskovic


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 ("the International Tribunal"),

BEING SEISED of a confidential "Prosecutionís Motion for Leave to Amend the Witness List to call Lord David Owen" filed by the Office of the Prosecutor ("Prosecution") on 21 August 2003 ("the Motion"), in which the Prosecution seeks leave to modify the Prosecution Witness List to include Lord David Owen or, alternatively, for Lord Owen to be called as a witness by the Trial Chamber pursuant to Rules 89 and 98 of the Rules of Procedure and Evidence of the International Tribunal ("Rules"),

CONSIDERING that the Trial Chamber is of the view that Lord Owen ("the Witness") may be able to provide significant relevant evidence in connection with these proceedings and that it would be in the interests of justice to summon the Witness,

CONSIDERING that it would be of assistance to have the benefit of a written statement of the testimony of the Witness in advance of his oral testimony,

PURSUANT TO Rules 54, 89 and 98 of the Rules of Procedure and Evidence of the International Tribunal,

HEREBY ORDERS as follows:

  1. the Witness is hereby summoned to testify on 3 and 4 November 2003;
  2. the Witness is invited to submit to the Trial Chamber a concise written statement covering the following matters:

    1. his appointment and mandate in the former Yugoslavia;
    2. his meetings with the accused and the leaders of the Federal Republic of Yugoslavia and the Croatian and Bosnian Serbs;
    3. his observations of the relations between the accused and: (a) the leaders of the Federal Republic of Yugoslavia; (b) Croatian and Bosnian Serb leaders, including Radovan Karadzic, Momcilo Krajisnik and Ratko Mladic; and (c) Vojislav Seselj, leader of the Serbian Radical Party;
    4. any information on logistical and other support provided by the Federal Republic of Yugoslavia, the Yugoslav Army (VJ) and the Republic of Serbia to the Bosnian Serbs and the Bosnian Serb army (VRS); and
    5. any information he has on the conflict in Sarajevo and events in Srebrenica in July 1995;

  1. the Witness is invited to submit the statement within one month of receipt of this Order;
  2. the Witness is requested to submit with the statement a copy of his curriculum vitae and copies of all relevant documents or publications referred to in the statement or to which the Witness may wish to refer during his testimony and, if he no longer possesses copies of certain documents, to include in the statement his recollection of their contents and to inform the Trial Chamber, to the best of his knowledge and recollection, of the distribution of those documents and the possible whereabouts of any copies;
  3. the statement of the Witness shall remain confidential until such time as he testifies before the Trial Chamber;
  4. the parties shall, within fourteen days after filing of the Witnessí statement, file a response informing the Trial Chamber if there are other documents of which either party is aware that may be relevant to the examination of the Witness and on which they may wish to examine the Witness, and providing copies of any such documents; and
  5. the Registrar of the International Tribunal shall ensure that the Witness is provided with a copy of this Order and any subsequent Orders and that the necessary practical arrangements are made to enable the Witness to attend.


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

Richard May

Dated this fourth day of September 2003
At The Hague
The Netherlands

[Seal of the Tribunal]