The Prosecutor v. Enver Hadžihasanović, Amir Kubura, and Mehmed Alagić

Case Sheet · ICTY

The Prosecutor v. Enver Hadžihasanović, Amir Kubura, and Mehmed Alagić 

Location Situation in Bosnia and Herzegovina
Case Number IT-01-47
Case Name "Central Bosnia"
Status Closed · Sentence Served Closed · Deceased 

Context

Enver Hadžihasanović was a senior officer of the Army of Bosnia and Herzegovina (ABiH), holding positions of Commander of the ABiH 3rd Corps, Chief of the Supreme Command Staff of ABiH and member of the Joint Command of the Army of Bosnia and Herzegovina; from December 1993, held rank of Brigadier General.

Amir Kubura was a senior ABiH officer, holding positions of Chief of Staff of the 7th Muslim Mountain Brigade of the ABiH 3rd Corps, acting Commander and Commander of the 7th Muslim Mountain Brigade

Mehmed Alagić was a senior ABiH officer, holding positions of commander of ABiH 3rd Corps and 7th Corps

Pre-Trial

Initial Indictment 13 July 2001
Amended Indictments 11 January 2002
15 August 2003
26 September 2003
Crimes Charged Enver Hadžihasanović
Grave breaches of the Geneva Conventions of 1949
Wilful killing · art. 2(a) ICTYS
Inhumane treatment 
· art. 2(b) ICTYS
Wilfully causing great suffering or serious injury to body or health · art. 2(c) ICTYS
Extensive destruction of property, not justified by military necessity · art. 2(d) ICTYS
Unlawful confinement of civilians · art. 2(g) ICTYS
Taking civilians as hostages · art. 2(g) ICTYS
Violations of the laws or customs of war
Murder · art. 3 ICTYS
Violence to life and persons · art. 3 ICTYS
Cruel treatment · art. 3 ICTYS
Unlawful labor · art. 3 ICTYS
Taking hostages · art. 3 ICTYS
Wanton destruction of cities, towns or villages, or devastation not justified by military necessity · art. 3(b) ICTYS
Destruction done to institutions dedicated to religion · art. 3(d) ICTYS
Plunder of public or private property · art. 3(e) ICTYS

Amir Kubura
Grave breaches of the Geneva Conventions of 1949
Wilful killing · art. 2(a) ICTYS
Inhumane treatment · art. 2(b) ICTYS
Wilfully causing great suffering or serious injury to body or health 
· art. 2(c) ICTYS
Extensive destruction of property, not justified by military necessity · art. 2(d) ICTYS
Unlawful confinement of civilians · art. 2(g) ICTYS
Violations of the laws or customs of war
Murder · art. 3 ICTYS
Violence to life and persons · art. 3 ICTYS
Cruel treatment · art. 3 ICTYS
Wanton destruction of cities, towns or villages, or devastation not justified by military necessity · art. 3(b) ICTYS
Plunder of public or private property · art. 3(e) ICTYS

Mehmed Alagić
Grave breaches of the Geneva Conventions of 1949
Wilful killing · art. 2(a) ICTYS
Inhumane treatment · art. 2(b) ICTYS
Wilfully causing great suffering or serious injury to body or health · art. 2(c) ICTYS
Extensive destruction of property, not justified by military necessity · art. 2(d) ICTYS
Unlawful confinement of civilians · art. 2(g) ICTYS
Violations of the laws or customs of war

Murder · art. 3 ICTYS
Violence to life and persons · art. 3 ICTYS
Cruel treatment · art. 3 ICTYS
Wanton destruction of cities, towns or villages, or devastation not justified by military necessity · art. 3(b) ICTYS
Destruction done to institutions dedicated to religion · art. 3(d) ICTYS
Plunder of public or private property · art. 3(e) ICTYS
Arrest and Transfer Enver Hadžihasanović
2 August 2001 · Transferred to ICTY 4 August 2001

Amir Kubura
2 August 2001 · Transferred to ICTY 4 August 2001
Initial Appearance 9 August 2001 · Plea: Not Guilty
Termination of proceedings The proceedings against Mehmed Alagić were terminated on 21 March 2003 due to his passing on 7 March 2003

Trial

Trial Chamber Trial Chamber II · Judges: Judge Jean-Claude Antonetti (presiding), Judge Vonimbolana Rasoazanany, Judge Albertus Swart
Trial Opening 2 December 2003
Trial Judgment 15 March 2006
Crimes at Trial Judgment Enver Hadžihasanović
Violations of the laws or customs of war
Murder · art. 3 ICTYS
Cruel treatment · art. 3 ICTYS

Amir Kubura
Violations of the laws or customs of war
Plunder of public or private property · art. 3(e) ICTYS
Sentencing Judgment Enver Hadžihasanović
5 years of imprisonment

Amir Kubura
2 and a half years of imprisonment

Appeal

Appeals Chamber Appeals Chamber · Judges: [names]
Appeals Filed By Both
Appeal Judgment 22 April 2008
Crimes at Appeal Judgment Enver Hadžihasanović
Violations of the laws or customs of war
Cruel treatment · art. 3 ICTYS

Amir Kubura
Violations of the laws or customs of war
Plunder of public or private property · art. 3(e) ICTYS
Final Sentence Enver Hadžihasanović
3 and a half years of imprisonment

Amir Kubura
2 years of imprisonment

Key Documents

Initial Indictment Initial Indictment (2001)
Third Amended Indictment Third Amended Indictment (2003)
Termination of proceedings Proceedings Against Mehmed Alagic Terminated (2003)
Trial Judgment Trial Judgment (2006)
Appeal Judgment Appeal Judgment (2008)
ICTY Case Page Official ICTY page