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ORDER ON EX PARTE APPLICATION FOR THE ISSUANCE
OF AN ORDER TO THE UNITED NATIONS PROTECTION FORCE

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"),

BEING SEISED of "Dario Kordic’s ex parte, in camera Application for Issuance of an Order to the United Nations Protection Force Compelling the Production of Documents and Other Materials" (‘the Application") filed by the Defence for Dario Kordic (“the Defence”) on 1 November 1999, seeking the production of documents as set out therein,

NOTING the Scheduling Order of the Trial Chamber dated 13 December 1999, in which this matter was set down for hearing on 14 January 2000,

NOTING HOWEVER the response of Bernard Miyet, the Under-Secretary-General for Peacekeeping Operations for the United Nations, filed on 10 January 2000 ("the Response"), in which it was stated that, subject to certain conditions, the United Nations Protection Force (UNPROFOR¹) did not raise any objection to the issuance of an order by the Trial Chamber in accordance with the Application, and that therefore no such hearing took place,

CONSIDERING that the conditions upon which the UNPROFOR are willing to consent to production of the documents sought in the Application are reasonable and appropriate,

HEREBY REJECTS the Application in respect of the category of the documents which is listed as Item 9 on pages 9 and 10 of the Annex to the Application: namely, videotape recordings made by British Army or Intelligence personnel, and

HEREBY REQUESTS the UNPROFOR to produce to the Defence the documents set out in the Application within sixty (60) days of the date of this Request, subject to the following conditions:

1. the Defence will not disclose any of the documents concerned or their contents to any other person or body, with the sole exceptions of the accused Dario Kordic and counsel for the Defence and of witnesses who may be called to give evidence in this case;
2. If and in so far as the Defence may decide to make use of the documents concerned or their contents as evidence in the trial, they will , before so doing, seek in writing the consent of the UNPROFOR that those parts of the proceedings in which the documents concerned or their contents are so used may be held in open session;
3. that, in so far as the United Nations may not so consent in writing, those parts of the proceedings in which the documents concerned or their contents are used as evidence should be held in closed session;
4. that, once the proceedings, including any appellate proceedings, are completed, all of the documents concerned should be returned to the UNPROFOR and all copies thereof that have been made will be destroyed, with the exception of such documents as may, with the written consent of the United Nations, been produced in evidence before the Trial Chamber; and
5. the Defence will pay any costs relating to the copying of the materials sought under the Application.

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

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Richard May
Presiding

Dated this eighteenth day of January 2000
At The Hague
The Netherlands

[Seal of the Tribunal]

1. All references to "UNPROFOR" herein are references specifically to the United Nations Protection Force, as represented by the Under-Secretary-General for Peacekeeping Operations.