Court-appointed defence counsel Steven Kay and Gillian Higgins had filed motions on Milosevic's behalf, requesting that the Trial Chamber issue subpoenas to ensure the attendance of Blair and Schroeder at the trial.
The two defence lawyers argued that both Blair and Schroeder possessed information that was necessary for the resolution of specific issues relevant to the Kosovo indictment against the accused.
Britain and Germany argued in response that calling Blair and Schroeder as witnesses served no legitimate forensic purposes and that the official capacity of the prospective witnesses entitled them to certain immunities which might prevent the issuance of a subpoena against them.
The Trial Chamber found that "the issuance of a subpoena is not warranted in relation to either Mr. Blair or Mr. Schroeder."