Hadžihasanović and Kubura found guilty 19 Mar 2006
On 15 March 2006, the Trial Chamber of the ICTY sentenced Hadžihasanović and Kubura to five years' and two and a half years' imprisonment, respectively.

Enver Hadzihasanovic at court in The Hague. Photo courtesy of the ICTY.On 15 March 2006, the Trial Chamber of the International Criminal Tribunal for the former Yugoslavia (ICTY) sentenced Enver Hadžihasanović and Amir Kubura, both high level commanders in the Army of Bosnia and Herzegovina, to five years' and two and a half years' imprisonment, respectively. They were both charged on the basis of superior criminal responsibility on a number of counts of violations of the laws and customs of war (murder; cruel treatment; wanton destruction of cities, towns or villages, not justified by military necessity; plunder of public or private property).

The indictment alleges that during the armed conflict with the Bosnian Croat army and the Army of the Republic of Croatia, forces subordinate to the accused attacked towns and villages in a number of municipalities in central Bosnia and Herzegovina. The Army of Bosnia Herzegovina and foreign fighters known as 'Mujahedin', supposedly killed at least 200 Bosnian Croat and Bosnian Serb civilians, and injured many others.

Among other matters dealt with in its comprehensive judgement, the Trial Chamber examined in great detail the nature of the de facto (subordinate) relationship between the Mujahedin and the accused. The Chamber was unable to establish beyond reasonable doubt that the accused exercised effective control over the Mujahedin prior to 13 August 1993. On that date 'El Mujaheda' was established - a detachment over which  Hadžihasanović was deemed to have exercised effective control.

Enver Hadžihasanović was found guilty of failing to take necessary and reasonable measures to prevent the murder, on 5 August 1993, of Mladen Havranek, nor to punish members of his forces for that murder. He also failed to take necessary and reasonable measures to prevent the particularly heinous murder, on 21 October 1993, of Dragan Popovic, by members of the Mujahed detachment. He was also found guilty of failing to take necessary and reasonable measures to prevent or punish cruel treatment at six detention centres. Enver Hadžihasanović was acquitted of other charges against him.

Amir Kubura was found guilty of failing to take necessary and reasonable measures to punish members of his forces for plundering villages in 1993. He was acquitted of other charges against him.

Both Enver Hadžihasanović and Amir Kubura will be given credit pursuant to Rule 101 of the Rules for the 828 days that they have already spent in detention. They will remain in the custody of the Tribunal pending an agreement for their transfer to a State where they will serve their sentence.

Press release

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