The Trial Chamber hearing the Slobodan Milosevic case accepted the arguments proffered by the defense counsel Steven Kay and Gillian Higgins that the issue of the assignment of counsel should be dealt with by the Appeals Chamber

Slobodan Milosevic's British lawyers were granted leave by the Trial Chamber to lodge an appeal against the decision to assign counsel to the accused.

On 2 September, the Trial Chamber hearing Milosevic's case assigned defense counsel to the accused.Today the judges accepted the arguments presented by Steven Kay and Gillian Higgins that the problem should be solved by the Appeals Chamber, since Milosevic insists on his right to defend himself.

The Chamber agrees with Kay and Higgins that "the decision of the Chamber to assign counsel affects fundamentally the conduct of the trial and as such it would be best to have it resolved by the Appeals Chamber at this stage, rather than after the conclusion of the trial." The defense counsel, when seeking leave to appeal, stated that Milosevic could, in the appellate proceedings, claim that he was denied right to a fair trial because counsel had been assigned to him, which might lead to a re-trial.

A bench of the Appeals Chamber now has to decide on the acceptability of the appeal. If they give the green light, Kay, Higgins and their client Milosevic will be able to present their arguments to the Appeals Chamber.