Cooperation with international tribunals—binding orders directed at states and international organizations—intelligence information—national security interests—disclosure to defendants—fair trails

Prosecutor v. Milutinović et al., Case No. IT-05-87-AR108 bis .2, Decision on Request of the United States of America for Review. Prosecutor v. Milutinović et al., Case No. IT-05-87-AR108 bis .l, Decision on Request of the North Atlantic Treaty Organisation for Review. International Criminal Tribunal for the Former Yugoslavia, Appeals Chamber, May 12 and May 15, 2006, respectively. 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 Dragolj ub Ojdanić. 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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