Tuesday, April 22, 2008

ICTY: Appeals Chamber Judgment in the Case Against Hadžihasanović and Kubura

Today, the ICTY Appeals Chamber rendered its judgment in the case (No. IT-01-47) against Enver Hadžihasanović and Amir Kubura, former senior officials of the Army of Bosnia and Herzegovina (case information sheet here). Both the Prosecutor and the defendants appealed the Trial Chamber's March 15, 2006, conviction of the two men for war crimes (judgment here; summary here). Hadžihasanović was convicted of failing to take the necessary and reasonable measures to prevent the murder of one individual and punish the murderer of another (count three of the third amended indictment). He was also convicted of failing to take the necessary and reasonable measures to prevent or punish cruel treatment in several instances (count four of the indictment). Kubura was convicted of failing to take the necessary and reasonable measures to punish plundering in a number of villages (count six of the indictment). Both men were found not guilty of several counts in the indictment. Hadžihasanović was sentenced to five years’ imprisonment; Kubura was sentenced to two and a half years’ imprisonment.

In today's judgment (summary here; press release here; full opinion not yet available online), the Appeals Chamber unanimously granted the defendants' appeal in part and denied it in part. The Appeals Chamber reversed Hadžihasanović's convictions regarding certain events charged under counts three and four of the indictment. It also reversed one of the findings of guilt concerning Kubura. It upheld the convictions in all other respects and denied the Prosecutor's appeals. Hadžihasanović's sentence was reduced to three years and six months, and Kubura's sentence was reduced to two years.