Exhaustion of all other means » ICTR/ICTY/IRMCT Case Law Database

United Nations | International Residual Mechanism for Criminal TribunalsUN IRMCT

Introduction

The Case Law Database (“CLD”) is a gateway to the jurisprudence of the ICTR, ICTY, and IRMCT Appeals Chambers.

It provides direct access to extracts of key judgements and decisions rendered by the ICTR, ICTY, and IRMCT Appeals Chambers since their inception, as well as to full-text versions of the corresponding appeal judgements and decisions.

Users can conduct quick searches by notions, cases names, titles of filings, date (in year-month-day format), statutes, rules, and other instruments through the “Basic Search” page. In addition, refined searches in all fields of the database can be conducted through the “Advanced Search” feature.

Please note that the CLD does not include confidential decisions and restatements of established case law and does not necessarily contain all notable rulings by the Appeals Chambers of the ICTR, the ICTY, and the IRMCT. For exact numbering of footnotes, refer to full documents.

The CLD is a living tool and its content is being regularly updated. Please help us improve the service by using our feedback form.

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Exhaustion of all other means

Notion(s)	Filing	Case
Orders to States for producing documents or information \| Exhaustion of all other means	Decision on Review - 19.03.2009	NALETILIĆ Mladen (IT-98-34-R)
33. With respect to the request to have access to all correspondence prior to 1997, the Appeals Chamber also notes that any request to order a State to produce documents or information is subject to the provisions of Rule 54 bis of the Rules and that the Applicant fails to indicate whether any reasonable steps were previously taken to obtain the documents or information from Croatia.[1] show footnotes [1] Rule 54 bis of the Rules provides, in part: “(A) A party requesting an order under Rule 54 that a State produce documents or information shall apply in writing to the relevant Judge or Trial Chamber and shall: (i) identify as far as possible the documents or information to which the application relates; (ii) indicate how they are relevant to any matter in issue before the Judge or Trial Chamber and necessary for a fair determination of that matter; and (iii) explain the steps that have been taken by the applicant to secure the State’s assistance.” Download full document		ICTY Rule Rule 54 bis