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ICTY Order for Disclosure of Information by NATO/SFOR

Published online by Cambridge University Press:  10 March 2017

Sean D. Murphy
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Abstract

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Type
Contemporary Practice of the United States Relating to International Law
Information
American Journal of International Law , Volume 95 , Issue 2 , April 2001 , pp. 401 - 404
Copyright
Copyright © American Society of International Law 2001

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References

1 See ICTY Press Release on Initial Appearance of Stevan Todorović, ICTY Doc. CC/PIU/346-E (Sept. 30,1998). Public indictments, decisions, and press releases of the ICTY may be found at <http://www.un.org/icty>.

2 Todorović is one of several persons associated with the “Šosanski Samac” case, formally known as Prosecutor v. Blagoje Simić et al., No. IT-95-9. The charges against Todorović may be found in the second amended indictment in the case, filed on March 25, 1999.

3 See Transcript (Sept. 30, 1998) at 193, Prosecutor v. Simić, No. IT-95-9 (initial appearance of Todorović); Transcript (Oct. 28, 1998) at 222-29, Prosecutor v. Simić (pleading not guilty).

4 See Transcript (Mar. 4,1999) at 477-78, Prosecutor v. Simić (argument on request for an evidentiary hearing); see also Transcript (Nov. 24,1999) at 686-728, Prosecutor v. Simić (Todorović’s own testimony on the detention).

5 See Prosecutor v. Simić, Decision Stating Reasons for Trial Chamber’s Order of 4 March 1999 on Defence Motion for Evidentiary Hearing on the Arrest of the Accused Todorović (Mar. 25, 1999); Prosecutor v. Simić, Decision on Appeal by Stevan Todorović Against the Oral Decision of 4 March 1999 and the Written Decision of 25 March 1999 of Trial Chamber III (Oct. 13, 1999).

6 See Letter of Col. Fred I. Pribble, NATO/SFOR Legal Adviser, to Judge Patrick L. Robinson, ICTY (July 9, 2000). Among other things, NATO/SFOR noted that in the Dokmanović case an ICTY trial chamber found that an arrest involving the deceptive “luring” of an accused was lawful. See Prosecutor v. Mrksić, Decision on the Motion for Release by the Accused Dokmanović, No. IT-95-13 (Oct. 22, 1997). NATO/SFOR conceded, however, that the Dokmanović trial chamber left open the question of how an arrest involving the forcible abduction or “kidnapping” of an accused would be treated.

7 Prosecutor v. Simić, Decision on Motion for Judicial Assistance to Be Provided by SFOR and Others, paras. 46–49 (Oct. 18, 2000).

8 Id., para. 44 & n.55.

9 Id., para. 59.

10 Id., para. 60.

11 Id., para. 62.

12 Brief of the United States on Review of Decision on Motion for Judicial Assistance to be Provided by SFOR and Others (Nov. 15, 2000), Prosecutor v. Simić.

13 Id. at 4-5.

14 Id. at 6.

15 Id. at 9-10 (footnote omitted).

16 See ICTY Press Release on Todorović Case: Guilty Plea Accepted by Trial Chamber, ICTY Doc. XT/P.I.S./556-e (Jan. 19, 2001).