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 regarding the separate trial for Mr. Simo Zaric by the Defense" filed by counsel for the accused, Simo Zaric, on 8 July 1999 ("Zaric Motion for separate trial"), the response of the Office of the Prosecutor ("Prosecution") thereto filed on 21 July 1999 and the supplemental filing on behalf of the accused, Simo Zaric, filed on 1 September 1999,

BEING SEISED of a joint motion filed on behalf of the accused, Milan Simic, Miroslav Tadic and Simo Zaric "requesting the Trial Chamber to hear oral argument and decide upon all outstanding pre-trial motions and to set a trial date" filed on 16 August 1999 ("Motion to fix trial date"),

BEING SEISED of a "Motion for a stay of trial" filed on 27 August 1999 on behalf of the accused, Stevan Todorovic, seeking a stay of any trial on the indictment pending determination by the Appeals Chamber of the International Tribunal of an interlocutory appeal on behalf of the accused, Stevan Todorovic ("Motion for stay"),

NOTING the "Decision relating to the Trial Chamber’s ruling on the basis of written submissions prior to holding oral arguments as scheduled", issued by the Appeals Chamber in this case on 28 July 1999, directing the Trial Chamber to hold an oral hearing on a Request for Provisional Release filed on behalf of the accused, Miroslav Tadic, on 19 January 1999, and the decision of the Trial Chamber as reflected in its Scheduling Order of 22 September 1999 also to hold an oral hearing on "the Request for Provisional Release of the Accused, Mr. Simo Zaric" filed on 19 January 1999 (together the "Requests for Provisional Release"),

NOTING its Scheduling Order of 22 September 1999 setting the above-listed motions for hearing on Tuesday 23 November 1999 and convening a status conference for that day,

BEING SEISED of a confidential Motion to sever the trial filed on behalf of one of the accused on 21 September 1999 and the response of the Prosecution filed on 4 October 1999 ("the Confidential Motion to sever"),

BEING SEISED of a "Motion for an order requesting assistance in securing documents and witnesses from the International Committee of the Red Cross" filed on behalf of the accused, Stevan Todorovic, on 23 September 1999 and the Prosecution Response thereto filed on 4 October 1999 ("Motion for Order to ICRC"),

BEING SEISED of a "Motion for an order seeking to re-open the confidential ex parte Motion under Rule 73 concerning the testimony of a witness formerly associated with the International Committee of the Red Cross and upon such re-opening, opportunity to be heard & associated relief" filed on behalf of the accused, the accused, Stevan Todorovic, on 5 October 1999, seeking, inter alia, to re-open and vacate a Decision of the Trial Chamber of 27 July 1999 ("the ICRC Decision") and access to the filings made in connection with ICRC Decision under Rule 73, together with the various responses thereto filed by the Prosecution and by the International Committee of the Red Cross ("Motion to re-open"),

BEING SEISED of a joint "Motion requesting disclosure of written pleadings and transcripts of hearings in relation to the Decision on the Prosecution motion under Rule 73" filed on behalf of the accused, Milan Simic, Miroslav Tadic and Simo Zaric on 25 October 1999 and the various responses thereto ("Motion for disclosure")

BEING SEISED of a Motion for an Order directing the Prosecutor to forthwith return the accused Stevan Todorovic to the country of refuge, filed on behalf of the accused, Stevan Todorovic, on 21 October 1999 and the Response of the Prosecution filed on 4 November 1999 ("Motion for return"),

BEING SEISED of a petition for a writ of habeas corpus filed on behalf of the accused, Stevan Todorovic, on 15 November 1999 ("Writ of habeas corpus"),

NOTING that the International Committee of the Red Cross has requested leave to be heard as amicus curiae in relation to the Motion to re-open,

NOTING that it may become necessary to allow additional time for the hearing of certain of the Motions and that it would assist the Trial Chamber and the parties to know the order in which the various Motions are to be heard,

CONSIDERING that the Motion for Stay is now moot and therefore no argument on that Motion is required,

CONSIDERING that the Trial Chamber sees no need for oral argument upon the issues raised in the Motion to re-open or in the Motion for disclosure,

CONSIDERING that the accused, Stevan Todorovic, should be entitled to have the same access as the Prosecution, on a confidential basis, to the material filed in connection with the ICRC Decision, other than to any material which is capable of identifying the proposed witness,

PURSUANT TO Rules 54, 65 bis and 74 of the Rules of Procedure and Evidence of the International Tribunal ("Rules"),

HEREBY ORDERS as follows:

1. the International Committee of the Red Cross is granted leave to appear as amicus curiae in connection with the Motion to re-open and the Motion for Order to ICRC and its filings of 18 October and 12 November 1999 are considered to have been made in accordance with Rule 74 of the Rules;
2. the accused, Stevan Todorovic, is granted the same access as the Prosecution, on a confidential basis, to the material filed in connection with the ICRC Decision, other than to any material which is capable of identifying the proposed witness, which matter shall be determined by the Trial Chamber after receipt of the information to be provided as set out in operative paragraph (3) below;
3. by Friday 3 December 1999, the International Committee of the Red Cross and the Prosecution shall each notify the Trial Chamber of the redactions, if any, that they would wish to have made to the materials filed in connection with the ICRC Decision so as to conceal the identity of the proposed witness on disclosure on a confidential basis to the accused, Stevan Todorovic;
4. by Friday 3 December 1999, the International Committee of the Red Cross shall notify the Trial Chamber of the redactions, if any, that it would wish to have made to the materials filed in connection with the ICRC Decision prior to release into the public domain, together with the reasons therefore, following which the matter shall be determined by the Trial Chamber and the redacted material shall be made public;
5. upon release of the redacted material into the public domain, the Motion for disclosure shall become moot;
6. the other matters raised in the Motion to re-open shall be determined by the Trial Chamber without further oral argument;
7. a further Scheduling Order shall be issued in respect of the Motion for Order to ICRC following disclosure of the material filed in connection with the ICRC Decision to the accused, Stevan Todorovic;
8. the hearing of the Confidential Motion to sever is deferred until after the Trial Chamber has ruled upon the allegations of contempt against an accused and his counsel now before it;
9. the procedure to be followed in connection with the Motion for return and the Writ of habeas corpus shall be discussed at the status conference to be held on Tuesday 23 November 1999;
10. following the status conference on 23 November 1999, oral argument on the outstanding motions shall be heard in the following order:

1. Zaric Motion for separate trial;
2. Motion to fix trial date;
3. Requests for provisional release.

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

_______________________________
Patrick Robinson
Presiding

Dated this eighteenth day of November 1999
At The Hague
The Netherlands

[Seal of the Tribunal]