Title

International Decisions -- Prosecutor v. Milutinović et al., Decisions on Requests of the United States of America and the North Atlantic Treaty Organisation for Review

Document Type

Article

Publication Date

2007

Abstract

In May 2006, the appeals chamber of the International Criminal Tribunal for the Former Yugoslavia (ICTY) granted the requests of the United States (U.S. Review Decision) and the North Atlantic Treaty Organization (NATO) (NATO Review Decision) and set aside the trial chamber's decision ordering the production of intercepted communications sought by defendant Dragoljub Ojdanic. The appeals chamber held that Rule 54bis of the ICTY Rules of Procedure and Evidence does not require the possessor of intelligence information to produce that information when that state or international organization is not its owner or originator and that an order under Rule 54bis ("Orders Directed to States for the Production of Documents") will not issue when a party refuses a state's cooperative efforts to provide information pursuant to Rule 70 ("Matters Not Subject to Disclosure").

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