Amir Kubura gave himself up voluntarily on 2 August 2001 and was transferred to the ICTY in The Hague on 4 August 2001.
His initial appearance before the Tribunal was on 9 August 2001 at which he pleaded not guilty to all of the charges held against him.
According to the last modified indictment, Amir Kubura was charged on the basis of his criminal responsibility as hierarchical superior (Art. 7 par. 3 ICTY Statute) for:
- six counts of violations of the laws and customs of war (Art. 3 ICTY Statute: murder, cruel treatment, wanton destruction of towns and villages not justified by military necessity, plunder of public or private property.)
Amir Kubura was given provisional release from 19 December 2001 till 27 November 2003, and from 13 March 2004 till 15 March 2004 to attend his mother’s funeral.
His trial opened on 2 December 2003.
He was put on trial at the same time as Enver Hadzihasanovic (see “related cases”).
On 15 March 2006, the trial judges acquitted Amir Kubura for the majority of charges held against him as hierarchical superior, finding him guilty only of not having taken the necessary and reasonable measures to punish those responsible for the plundering of certain villages in June 1993 and in November 1993.
For these crimes, the First Trial Chamber sentenced Amir Kubura to two and a half years in prison, with credit being given for the 828 days spent in pre-trial detention.
Amir Kubura as well as the Prosecutor appealed the judgement.
Kubura was granted credit for time served since his transfer to the ICTY Detention Unit and granted early release on 11 April 2006.
On 22 April 2008, the Appeals Chamber reduced his sentence to two years.
Trial Watch would like to remind its users that any person charged by national or international authorities is presumed innocent until proven guilty.