Relevancy and necessity requirements

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

After recalling that “the State from whom the documents are requested does not have locus standi to challenge their relevance” to a trial[1]  and that a State may not challenge whether, on the basis of the request, the Trial Chamber was able “to accurately determine the relevance of the documents sought”,[2] the Appeals Chamber held that “the same rule applies with regard to challenging the necessity of documents or information for a fair determination of the trial” (para. 21).[3]

[1] Decision, para. 21, quoting Kordić and Čerkez Review Decision [Prosecutor v. Kordić and Čerkez, Case No. IT-95-14/2-AR108bis, Decision on the Request of the Republic of Croatia for Review of a Binding Order, 9 September 1999], para. 40.

[2] Ibid.

[3] See also footnote 43: “This rule does not, however, prevent a State from challenging the necessity of the requested information or documents on grounds demonstrating that there was no real necessity for the applicant to request the material from it because, for example, the material could have been or has already been obtained elsewhere. A State simply may not challenge whether the requested material is relevant or necessary for a fair trial in the circumstances of a particular case.”

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ICTY Rule Rule 54 bis