Case No.: IT-02-54-T


Judge Patrick Robinson, Presiding
Judge O-Gon Kwon
Judge Iain Bonomy

Mr. Hans Holthuis

Decision of:
19 July 2004







The Office of the Prosecutor

Ms. Carla Del Ponte
Mr. Geoffrey Nice
Mr. Dermot Groome
Ms. Hildegard Uertz-Retzlaff

The Accused

Mr. Slobodan Milosevic

Amici Curiae

Mr. Steven Kay, QC
Prof. Timothy L.H. McCormack
Ms. Gillian Higgins


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"),

NOTING the "Order on Future Conduct of the Trial", issued by the Trial Chamber on
6 July 2004, in which the Trial Chamber stated, inter alia, "that it may be necessary to assign counsel to the Accused, and/or adopt other measures to ensure a fair and expeditious conduct of the trial",

NOTING the subsequent medical reports of 9 and 16 July 2004, and the further Scheduling Orders on commencement of defence case,

NOTING that presentation of the defence case has not commenced due to the illness of the Accused,

CONSIDERING the resolve and determination of the Trial Chamber to conclude the presentation of the defence case by October 2005, the anticipated conclusion of the 150 days allocated to the Accused for the presentation of his case, based on a three-day sitting schedule from 31 August 2004,

NOTING that the possibility remains that the Accused may not be fit to continue to represent himself in accordance with that schedule,

CONSIDERING that it might be necessary for the Trial Chamber to consider further steps to ensure the fair and expeditious conduct and completion of the trial,

CONSIDERING that, while the Prosecution has submitted that counsel might be assigned in some capacity to ensure the fair presentation of the defence, it has not specified the role of counsel in that situation,

PURSUANT TO Rule 54 of the Rules of Procedure and Evidence of the International Tribunal

HEREBY ORDERS the Prosecution to make submissions, by 26 July 2004, about the role of such counsel in ensuring the fair presentation of the defence case, in particular in the absence of instructions to, or cooperation with, counsel by the Accused, WHEREAFTER the Trial Chamber will decide what further action to take, including ordering the Accused and Amici Curiae to file submissions in response.


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


Judge Robinson

Dated this nineteenth day of July 2004
At The Hague
The Netherlands

[Seal of the Tribunal]