Case No. IT-98-34-A

Prosecutor v. Martinovic and Naletilic



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

CONSIDERING the Rules of Procedure and Evidence as adopted by the Tribunal on 11 February 1994, as subsequently amended, and in particular Rules 44 and 45 thereof;

CONSIDERING the Directive on Assignment of Defence Counsel (hereinafter "the Directive") as adopted by the Tribunal on 28 July 1994, as subsequently amended, and in particular, Articles 6, 8, 10, and 16 thereof;

CONSIDERING that on 19 May 2003, Mr. Branko Seric was withdrawn as lead counsel to Mr. Vinko Martinovic (hereinafter "the accused") and was replaced by former co-counsel, Mr. Zelimir Par;

CONSIDERING that there is currently no co-counsel assigned to the accused;

CONSIDERING that on 1 August 2003, Mr. Par, assigned counsel to the accused by a decision of the Registrar dated 19 May 2003, requested the assignment of Mr. Kurt Kerns, Attorney at law of Wichita, Kansas, as co-counsel to the accused;

CONSIDERING that Mr. Kerns is on the Rule 45 list of counsel who are eligible to be considered for an assignment as counsel and is a member of the Association of Defence Counsel;

CONSIDERING that on the basis of Article 16 (C) of the Directive, the Registrar may assign a second counsel to assist the lead counsel in the interests of justice;

CONSIDERING further that Mr. Kerns meets the requirements for assignment as set forth in Article 14 of the Directive;

DECIDES to assign Mr. Kurt Kerns, of Wichita, Kansas as co-counsel to the accused, effective as of 5 August 2003.


Hans Holthuis,

Dated this fifth day of August 2003
At The Hague
The Netherlands