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

Order of:
27 February 2006

PROSECUTOR

v.

SLOBODAN MILOSEVIC

___________________________________________________________________________

PRELIMINARY ORDER ON ASSIGNED COUNSEL REQUEST FOR A SUBPĆNA AD TESTIFICANDUM TO BE ISSUED TO MR. WILLIAM CLINTON

___________________________________________________________________________

Office of the Prosecutor

Ms. Carla Del Ponte
Mr. Geoffrey Nice

The Accused

Mr. Slobodan Milosevic

Court Assigned Counsel

Mr. Steven Kay
Ms. Gillian Higgins

Amicus Curiae

Prof. Timothy McCormack

Government of the United States of America

Mr. Clifton Johnson
Mr. William Clinton

 

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 ("Tribunal"),

BEING SEIZED of the "Assigned Counsel Request for a Subpoena Ad Testificandum to be issued to Mr. William Clinton pursuant to Rule 54 and Attachments A and B", filed confidentially and ex parte on 22 February 2006 ("Request", "Attachment A", and "Attachment B" respectively);

CONSIDERING that the Accused has referred to this Request in open session;

CONSIDERING FURTHER that Assigned Counsel have indicated in the Request that they "have no objection to the lifting of confidentiality in respect of this matter, save for the correspondence in Attachment A which has been exchanged on confidential terms between the parties";1

CONSIDERING that it is appropriate to lift the confidentiality and ex parte status of the Request, so that the Prosecution may have the opportunity to respond;

PURSUANT TO Rule 54 of the Rules of Procedure and Evidence of the Tribunal ("Rules");

HEREBY ORDERS AS FOLLOWS:

  1. The status of the Request and Attachment B shall be changed from confidential and ex parte to public;

  2. Attachment A shall remain confidential and ex parte; and

  3. Any response to the Request shall be filed by Wednesday, 8 March 2006.

 

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

__________________________
Patrick Robinson
Presiding

Dated this twenty-seventh day of February 2006
At The Hague
The Netherlands

[Seal of the Tribunal]


1. Request, para. 23.