Exhaustion of all other sources to obtain the requested materials
|Decision on Request of the USA for Review - 12.05.2006||
MILUTINOVIĆ et al.
25. The Appeals Chamber considers that requiring an applicant to make a showing that he has exhausted all other possible avenues that may provide access to the information is too onerous and could inhibit the right to a fair trial. However, the Appeals Chamber recalls that it has held that a Trial Chamber’s binding order to a State to produce documents or information must be “strictly justified by the exigencies of the trial” in light of the reliance of the International Tribunal on “the bona fide assistance and cooperation of sovereign States.” Therefore, the Appeals Chamber holds that it is reasonable under the necessity requirement for an applicant to demonstrate either that: 1) it has exercised due diligence in [trying to obtain] the requested materials elsewhere and has been unable to obtain them; or 2) the information obtained or to be obtained from other sources is insufficiently probative for a fair determination of a matter at trial and thus necessitates a Rule 54bis order.
 Kordić and Čerkez Review Decision, para. 41 (internal citation omitted).
 Blaškić Judgement on Review Request, para. 31 (internal citation omitted).
|ICTY Rule Rule 54 bis|