The Prosecutor v. Jankovic & al. ("Foca") - Case No. IT-96-23-PT
"Order on Prosecutor's Motion for Non-Disclosure of 29 December 1999"
5 January 2000
Judges Mumba [Presiding], Cassese and Hunt
According to Rule 62 of the Rules of Procedure and Evidence, "upon transfer of an accused to the seat of the Tribunal, the President shall forthwith assign the case to a Trial Chamber" (emphasis added). The assignment covers the whole case of which an arrested accused is part. Thus, in the case of multiple accused and for all subsequent amendments, "the Trial Chamber retains the general jurisdiction over the whole case and all accused, although not all of them may have made their initial appearance." The Trial Chamber concluded that in such a situation, "there is no need for further assignment orders every time one of the accused is transferred to the seat of the Tribunal."1
1. Para. 2 of the Order.