According to the indictment, the accused held the following positions during the relevant period:

Enver Hadzihasanovic was the Commander of the ABiH 3rd Corps from 14 November 1992 to 1 November 1993, when he was promoted to Chief of the Supreme Command Staff of the ABiH and then to the rank of Brigadier General in December 1993, becoming a member of the Joint Command of the Army of Bosnia and Herzegovina.

Amir Kubura was the ABiH 3rd Corps 7th Muslim Mountain Brigade Chief of Staff from 1 January 1993 to 20 July 1993. From 1 April 1993 to 20 July 1993, he was acting Commander for Asim Koricic, who was absent. On 21 July 1993, Kubura was appointed Commander of the ABiH 3rd Corps 7th Muslim Mountain Brigade.

The ABiH 3rd Corps allegedly attacked towns and villages, subjecting predominantly Bosnian Croat, but also Bosnian Serb civilians, including women, children, the elderly and the infirm, to willful killings and serious injuries. Further, in the course of, or after the attacks, at least 200 Bosnian Croat and Bosnian Serb civilians were killed and many more were wounded or harmed while attempting to hide or escape. In several instances, ABiH forces killed HVO troops after their surrender.

It is alleged that mainly Bosnian Croats, but also Bosnian Serbs, were unlawfully imprisoned and otherwise detained, killed and beaten, subjected to physical and/or psychological abuse, intimidation and inhuman treatment, including being confined in overcrowded and unsanitary conditions.

ABiH forces allegedly plundered and destroyed Bosnian Croat and Bosnian Serb property with no military justification.
Enver Hadzihasanovic and Amir Kubura, while holding the positions set out in the preceding paragraphs, were responsible for ensuring that military units under their command and effective control respected and applied the rules of international law. They were obliged by superior order to initiate proceedings for legal sanctions against individuals under their command and effective control who had violated the international law of war.

Enver Hadzihasanovic on the basis of superior criminal responsibility (Article 7(3) of the Statute), with:

Seven counts of violations of the laws or customs of war (Article 3 – murder; cruel treatment; wanton destruction of cities, towns or villages, not justified by military necessity; plunder of public or private property; destruction or willful damage done to institutions dedicated to religion).

Amir Kubura on the basis of superior criminal responsibility (Article 7(3) of the Statute) with:

Six counts of violations of the laws or customs of war (Article 3 – murder; cruel treatment; wanton destruction of cities, towns or villages, not justified by military necessity; plunder of public or private property).

Enver Hadzihasanovic was provisionally released from 19 December 2001 until 27 November 2003, and from 18 January 2004 until 20 January 2004 in order to attend the funeral of his brother.

Amir Kubura was provisionally released from 19 December 2001 until 27 November 2003; and from 13 March 2004 until 15 March 2004 in order to attend the funeral of his mother.

Trial
The trial started on 2 December 2003. The Prosecution presented its case from 3 December 2003 until 23 July 2004. In total, there were 100 Prosecution witnesses, who testified during the case presentation.
In the decision dated 27 September 2004, pursuant to Rule 98bis, the Trial Chamber acquitted Enver Hadzihasanovic on the part of the indictment concerning cruel treatment in Dusina, a village near Zenica, on 26 January 1993. It further acquitted Enver Hadzihasanovic and Amir Kubura on the parts of the indictment concerning:

cruel treatment in Miletici, a village in Travnik municipality, on 24 April 1993, and in Maline, also in Travnik municipality, on 8 June 1993.
the killings of Jozo Maracic at Zenica Music School on 18 June 1993 and a Croatian detainee in the former JNA barracks in Travnik in May 1993
the wanton destruction of towns and villages unjustified by military necessity in April 1993
The Trial Chamber also took note of the Prosecution’s withdrawal of the part of the indictment concerning:
the wanton destruction of towns and villages unjustified by military necessity in Dusina in January 1993
pillage in Dusina in January 1993

The Defence case for Enver Hadzihasanovic commenced on 18 October 2004 and finished on 31 March 2005. In total, there were 62 witnesses for the Defence of Enver Hadzihasanovic who gave their testimony before the court.
The Defence case for Amir Kubura lasted from 11 April 2005 until 17 May 2005. There were 13 witnesses for the Defence of Amir Kubura who gave their testimony before the court.
The Prosecutor presented its closing argument on 11 and 12 July 2005; the Defence for Enver Hadzihasanovic presented its closing argument on 12 and 13 July 2005 and the Defence of Amir Kubura on 14 July 2005.
There were 219 court days, including the closing arguments.

Trial Chamber II:
Judge Jean-Claude Antonetti (Presiding), France
Judge Vonimbolana Rasoazanany, Madagascar
Judge Albertus Swart, Netherlands

Counsel for the Prosecution:
Mr. Daryl A. Mundis
Ms. Tecla Henry-Benjamin
Mr. Stefan Waespi
Mr. Matthias Neuner

Counsel for the Defence:
For Enver Hadzihasanovic:
Edina Residov
Stéphane Bourgon
For Amir Kubura:
Fahrudin Ibrisimovic
Rodney Dixon