Reasonable steps requirement

Notion(s) Filing Case
Decision on Request of the USA for Review - 12.05.2006 MILUTINOVIĆ et al.

Under Rule 54bis (A)(iii) and (B)(ii), a party requesting an order under Rule 54bis that a State produce documents or information must demonstrate that he has taken “reasonable steps” for making that request. In the present case, the Trial Chamber had found that a party is entitled to request an order pursuant to Rule 54bis even if the State has proposed to grant access to the requested materials under Rule 70 of the Rules. The Appeals Chamber considered that the Trial Chamber erred and held:

31. [A]n applicant may not be found to have met the reasonable steps requirement under Rule 54bis where he or she refused the same requested documents or information when they were volunteered by a State under Rule 70.

 At paras 32-38, the Appeals Chamber gave reasons for the above finding. It inter alia reviewed the States obligation to cooperate with the Tribunal (para. 32), the law applicable to Rule 70 (paras 33 and 38), and the law applicable to Rule 54bis (para. 34).

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ICTY Rule Rule 54 bis