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On 29 October 1997, the Appeals Chamber of the International Criminal Tribunal for the Former Yugoslavia (ICTY), composed of Judges Antonio Cassese (presiding), Adolphus Karibi-Whyte, Haopei Li, Ninian Stephen and Lal Chand Vohrah, handed down its Judgement in the Blaškić case on the appeal filed by the Republic of Croatia against the ‘Subpoena Decision’ of Trial Chamber II of 18 July 1997. The legal issues raised in this case are complicated, rather new and fundamental from the perspective of international law and the inherent powers of international criminal courts established ad hoc by a Security Council resolution under Chapter VII of the United Nations Charter. They concern the authority and power of the Tribunal to issue compulsory orders of this kind to states, to high government officials and other individuals; the question of which remedies are available if there is a failure to comply with such subpoenae duces tecum; and other issues, as how to deal with the problem of the national security interests of sovereign states. |
