I. See, . Stewart, /. Prosecutor, and . Bla·ki´cbla·ki´c, IT-95-14-T; and ICTY Trial Chamber Decision on protective Measures for General Philippe Morillon, witness of the Trial Chamber, Prosecutor/Tihomir Bla·ki´cBla·ki´c, IT-95-14-T. It is true that a subpoena ad testificandum was addressed to Commanding General of SFOR, Mr Shinseki; yet, the Judges insisted that " he is not representing this State and is to be treated qua individual in respect of any event that he has personally witnessed, even if observed while performing his official functions. Thus he is compellable not in his role as Commanding General of SFOR but as an individual with personal knowledge of the events of which complaint is made. Similar considerations will apply to any other SFOR personnel who are shown to have direct knowledge of these events Decision on Motion for Judicial Assistance to be Provided by SFOR and Others, Prosecutor/Blagoje Simi´cSimi´c This is worth noting that, as the defendant entered a guilty plea, this subpoena was cancelled by the Appeals Chamber on, ICTY Trial Chamber, vol.62, pp.95-104, 1999.

P. Thébault, for instance, does not possess this immunity and no customary rule 237 Judge Hunt identifies two situations where it may be necessary that the international criminal Judges " should have the final say. The first situation is where the evidence of an official or employee of the ICRC is vital to establish the innocence of the accused person. [. . .] The second situation [. . .] is where the evidence of an official or employee of the ICRC is vital to establish the guilt of the particular accused in a trial of transcendental importance " , Separate Opinion of Judge David Hunt on Prosecutor's Motion for a Ruling Concerning the Testimony of a Witness, ICTY Trial Chamber, Prosecutor/Blagoje Simi´cSimi´c Separate Opinion of Judge David Hunt on Motion by Todorovi´cTodorovi´c for Order Requesting Assistance of the International Committee of the Red Cross, ICTY Trial Chamber Prosecutor/Blagoje Simi´cSimi´c, 1999.