Kay was appointed as lead counsel and Higgins as co-counsel for the accused, according to a decision signed by the tribunal's deputy registrar, John Hocking, the tribunal said in a press release.
The trial chamber assigned the two British lawyers, until now amici curiae, as counsel for the accused yesterday, after a cardiologist found that Milosevic's condition did not allow him to continue with self-representation.
After a procedural debate on the implementation of said decision, which Milosevic vehemently opposed by labelling it scandalous and illegal, the trial chamber today determined the duties and scope of activity the counsel will have in representing the defendant.
Although it was assumed their role would be half-way between amici curiae and chosen attorneys, and that in conducting the case and choosing witnesses they would have a secondary role to Milosevic, the trial chamber decided on the opposite, giving them independence in conducting the case, presenting evidence, choosing and examining witnesses, and in other areas.
The first duty of the court assigned counsel will be to determine how to present the case for the accused, and in particular to represent the accused by preparing and examining those witnesses they deem appropriate to call.
The court assigned counsel will make all submissions on fact and law that they deem appropriate to make.
They can seek from the trial chamber such orders as they consider necessary to enable them to present the accused's case properly, including the issuance of subpoenas.
The court assigned counsel have the duty to discuss with the accused the conduct of the case, endeavour to obtain his instructions thereon and take account of his views, while retaining the right to determine what course to follow, acting throughout in the best interest of the accused.
Milosevic may, with the leave of the trial chamber, continue to participate actively in the conduct of the case, including in the examination of witnesses after they have been examined by the court assigned counsel.
The decision of the trial chamber presided by Judge Patrick Robinson also states that Milosevic has the right, at any time, to request being allowed to appoint counsel.
The Milosevic trial, which began in February 2002, has been adjourned a dozen times due to his high blood pressure, heart trouble and exhaustion. At doctors' orders, proceedings are held three times a week. A further deterioration of Milosevic's condition resulting from self-representation jeopardised the chances of completing the trial within a reasonable time limit, so the court decided to assign counsel for the accused.
The trial resumes on Tuesday, when the first defence witnesses are expected to take the stand.
Milosevic is charged with 66 counts of genocide and war crimes Serb troops committed in Bosnia-Herzegovina, Croatia and Kosovo in the 1990s.