Case No.: IT-02-54-T

IN THE TRIAL CHAMBER

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

Registrar:
Mr. Hans Holthuis

Decision of:
26 October 2004

PROSECUTOR

v.

SLOBODAN MILOSEVIC

_________________________________________________

ORDER ON AMICI CURIAE OBSERVATIONS ON RELEVANT ISSUES OF INTERNATIONAL LAW

__________________________________________________

The Office of the Prosecutor

Ms. Carla Del Ponte
Mr. Geoffrey Nice

The Accused

Mr. Slobodan Milosevic

Court Assigned Counsel

Mr. Steven Kay, QC
Ms. Gillian Higgins

Amicus Curiae

Prof. 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"),

BEING SEISED OF "Amicus Curiae Observations Proprio Motu on Relevant Issues of International Law", filed on 25 August 2004 ("Observations"), in which the Amicus Curiae, Professor McCormack, requests permission to make written submissions on three specific legal issues related to the Accusedís alleged individual criminal responsibility:

  1. The legal test to be applied for criminal responsibility under Article 7(1) of the Statute, and in particular participation in a joint criminal enterprise;

  2. The legal test to be applied for superior criminal responsibility under Article 7(3) of the Statute; and

  3. A systematic analysis of existing international criminal law on the specific mens rea requirements for criminal responsibility under Articles 7(1) and 7(3) of the Statute in relation to genocide,1

NOTING the Trial Chamberís "Order Appointing Amicus Curiae", issued on 22 November 2002, designating Professor McCormack as an Amicus Curiae for the purposes of (1) making written submissions on and appearing before the Trial Chamber to address questions of international law when requested and (2) drawing to the Trial Chamberís attention to relevant issues of international law,

NOTING the submission set forth in the Observations that, although there is Tribunal jurisprudence at the trial and appellate levels with respect to the three issues, no Chamber of the Tribunal has dealt with an Accused at this level of seniority and that this is a pivotal issue in the case,

CONSIDERING that at this time the Trial Chamber does not consider it appropriate to order an amicus brief on these issues,

PURSUANT TO Rules 74 and 54 of the Rules of Procedure and Evidence of the International Tribunal

HEREBY ORDERS that the Amicus Curiae will not be requested at this time to prepare briefs on the matters set out in his observations, and otherwise does not vary the terms of his engagement.

 

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

___________________________
Judge Robinson
Presiding

Dated this twenty-sixth day of October 2004
At The Hague
The Netherlands

[Seal of the Tribunal]


1. Hereinafter referred to collectively as "three issues".