I, Gabrielle Kirk McDonald, Judge of the International Criminal Tribunal for the former Yugoslavia.

CONSIDERING, Articles 18(2), 19(2) and 29(2)(c) of the Statute and Rules 39(ii) and (iv) and 54 of the Rules of Procedure and Evidence of the International Criminal Tribunal for the former Yugoslavia,

CONSIDERING the subpoena duces tecum addressed to Bosnia and Herzegovina and to the Custodian of the Records of the Central Archive of what was formerly the Ministry of Defence of the Croatian Community of Herceg Bosna , which I issued on 15 January 1997 and of which the originals and the Bosnian translations were delivered personally to the Representative of Bosnia and Herzegovina, Judge Vidovic, on 22 January 1997,

CONSIDERING the report of Judge Vidovic in the hearing of 14 February 1997 that the aforementioned subpoena duces tecum and translations were forwarded to the relevant authorities of the Federation of Bosnia and Herzegovina and Bosnia and Herzegovina on 22 January 1997 and that proof of delivery of the aforementioned subpoena duces tecum and translations to these authorities were submitted by Judge Vidovic for the record,

CONSIDERING the report of the Prosecutor on the partial non compliance of Bosnia and Herzegovina and Mr. Ante Jelavic, the successor of the Custodian of the Records of the Central Archive of what was formerly the Ministry of Defence of the Croatian Community of Herceg Bosna with respect to the aforementioned subpoena duces tecum and translations at the public hearing on 14 February 1997,

CONSIDERING the Order to Comply with a Subpoena Duces Tecum addressed to Bosnia and Herzegovina and to Mr. Ante Jelavic, the successor of the Custodian of the Records of the Central Archive of what was formerly the Ministry of Defence of the Croatian Community of Herceg Bosna, which I issued on 14 February 1997 and of which the originals were received by the Representative of Bosnia and Herzegovina, Judge Vidovic, on 14 February 1997 and the Bosnian translation on 19 February 1997,

CONSIDERING the reports of Judge Vidovic in a letter of 17 February 1997 to the Prosecutor and in the public hearing of 19 February 1997 that copies of the aforementioned Order were forwarded to the relevant authorities of the Federation of Bosnia and Herzegovina and of Bosnia and Herzegovina,

CONSIDERING the letter of 19 February 1997 of the Prosecutor’s representatives on the partial non-compliance of Bosnia and Herzegovina and of Mr. Ante Jelavic, the successor to the Custodian of the Records of the Central Archive of what was formerly the Ministry of Defence of the Croatian Community of Herceg Bosna with respect to the aforementioned Order,

CONSIDERING the report of the Prosecutor on the partial non-compliance of Bosnia and Herzegovina and of Mr. Ante Jelavic, the successor to the Custodian of the Records of the Central Archive of what was formerly the Ministry of Defence of the Croatian Community of Herceg Bosna with respect to the aforementioned Order at the public hearing on 19 February 1997,

FIND that Bosnia and Herzegovina and Mr. Ante Jelavic, as the successor of the Custodian of the Records of the Central Archive of what was formerly the Ministry of Defence of the Croatian Community of Herceg Bosna have not been complied with the subpoena duces tecum which I issued on 15 January 1997, nor with the order which I issued on 14 February 1997,

HEREBY DIRECT the Registrar to send by fax a copy of the order to Mr. Ante Jelavic at the number indicated in the aforementioned letter,

HEREBY DIRECT Mr. Ante Jelavic to appear personally before me in a public hearing on 24 February at 10 AM to answer questions relevant to the production of subpoenaed documents, and

FURTHER DIRECT, if Mr. Jelavic cannot personally appear on this date, that a representative who is familiar with the location and contents of what was formerly the Central Archive of the Ministry of Defence of the Croatian Community of Herceg Bosna and who is able to describe in detail what steps have been taken to comply with the subpoena duces tecum since it was received by the Ministry of Defence, appear in his stead.

Judge Gabrielle Kirk McDonald
International Criminal Tribunal for the former Yugoslavia

Dated this 20th day of February 1997
At The Hague
The Netherlands

(Seal of the Tribunal)