Case No. IT-98-32/1-I

Prosecutor v. Milan Lukic



NOTING the Statute of the Tribunal as adopted by the Security Council under Resolution 827 (1993), and in particular Article 21 thereof;

NOTING the Rules of Procedure and Evidence as adopted by the Tribunal on 11 February 1994, as subsequently amended ("Rules"), and in particular Rules 44, 45 and 62(B) thereof;

NOTING the Directive on Assignment of Defence Counsel as adopted by the Tribunal on 28 July 1994, as subsequently amended ("Directive"), and in particular Articles 14(B), and 16(F) thereof;

NOTING the Code of Professional Conduct for Counsel Appearing Before the International Tribunal (IT/125 REV.1);

CONSIDERING that Mr Milan Lukic ("Accused") was transferred to the seat of the Tribunal on 21 February 2006, and that his initial appearance is scheduled for 24 February 2006;

CONSIDERING that the Accused is not currently represented by counsel and has informed the Registry that he will apply for Tribunal legal aid;

CONSIDERING that the Accused requested the Registry to assign Mr Michael G. Karnavas, attorney at law from the United States as counsel to him;

CONSIDERING that Mr Karnavas is representing Mr Jadranko Prlic before the Tribunal and that trial proceedings in Mr Prlic’s case commence in the near future;

CONSIDERING THEREFORE that it is necessary for the Registry to examine whether there are actual or potential conflicts of interest or scheduling conflicts between Mr Karnavas’ representation of Mr Prlic and his possible permanent representation of the Accused;

CONSIDERING that the Registry has been unable to fully examine these issues and will not be able to do so before the Accused’s initial appearance;

CONSIDERING HOWEVER that the Registry is satisfied that there is no ground to intervene with the expressed preference of the Accused at this stage;

CONSIDERING FURTHER that the Accused’s rights under the Statute, Rules and Directive must be protected until he retains permanent counsel or has counsel assigned to him pursuant to Rule 45 of the Rules and that Rule 62(B) of the Rules enables the Registrar to assign duty counsel for this purpose;

CONSIDERING that Mr Karnavas is on the list of "duty counsel" envisaged in Rule 45(C) of the Rules, and has agreed to represent the Accused at his initial appearance;

WITHOUT PREJUDICE to the Registry’s ongoing consideration of Mr Karnavas’ permanent assignment which will be determined in accordance with the relevant provisions of the Statute, Rules and Directive;

HEREBY DECIDES to assign Mr Karnavas as counsel to represent the Accused at his initial appearance, and in such other matters as may be necessary until a permanent counsel is assigned, effective as of the date of this decision.


John Hocking
Deputy Registrar

Dated this twenty-third day of February 2006
At The Hague,
The Netherlands.