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:
6 October 2003

PROSECUTOR

v.

SLOBODAN MILOSEVIC

________________________________________________

ORDER OF FURTHER INSTRUCTION TO THE AMICI CURIAE

_________________________________________________

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
Mr. 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 its "Order Inviting Designation of Amicus Curiae" of 30 August 2001 and the designation by the Registrar of the International Tribunal on 6 September 2001 of three amici curiae, one of whom was dismissed by this Chamberís "Decision Concerning an Amicus Curiae" on 10 October 2002 and subsequently replaced by the Trial Chamberís appointment of Professor Timothy McCormack by Order on 22 November 2002,(1)

NOTING the Chamberís Orders of 30 August 2001 and 11 January 2002,(2) in which the role of the amici curiae is relevantly set out as follows:

  1. making any submissions properly open to the Accused by way of preliminary or other pre-trial motion;
  2. making any submissions or objections to evidence properly open to the Accused during the trial proceedings and cross-examining witnesses as appropriate;
  3. drawing to the attention of the Trial Chamber any exculpatory or mitigating evidence; and,
  4. acting in any other way which designated counsel considers appropriate in order to secure a fair trial; and,
  5. drawing the attention of the Trial Chamber to any defences, for example, self-defence, which may properly be open to the Accused to raise on the evidence,

CONSIDERING that the Trial Chamber deems it desirable, and in the interests of securing a fair trial within a reasonable time, that the role of amici curiae be extended, having regard to:

  1. the recurring medical condition of the Accused since 18 March 2002; and
  2. the desirability of the amici curiae giving greater assistance to the Accused,

AUTHORISES the amici curiae to receive such communications as the Accused may make to them and to act in any way to protect and further the interests of his Defence.

 

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

____________
Richard May
Presiding

Dated this sixth day of October 2003
At The Hague
The Netherlands

[Seal of the Tribunal]


1. Prosecutor v. Slobodan Milosevic, "Order Appointing Amicus Curiae", Case No. IT-02-54, 22 November 2002.
2. Prosecutor v. Slobodan Milosevic, "Order Inviting Designation of Amicus Curiae", Case No. IT-02-54, 30 August 2001 and "Order Concerning Amici Curiae", Case No. IT-02-54, 11 January 2002.