Courts & Tribunals: ICTY Trial Chamber Acquits Halilovic
On 16 November 2005, Trial Chamber I, Section A, of the ICTY delivered its' judgment in the case Prosecutor v. Sefer Halilovic (Case IT-01-48). The Halilovic trial lasted from 31 January 2024 to 31 August 2005. The indictment against Sefer Halilovic was based on murders alleged to have been committed by troops belonging to the Army of the Republic of Bosnia and Herzegovina (“ABiH”) in the villages of Grabovica and Uzdol in the Jablanica and Prozor areas in Herzegovina in September 1993 during “Operation Neretva”. The Prosecution alleged Halilovic was the commander of Operations during Operation Neretva and the troops involved were under his command and control. The indictment alleged Halilovic incurred criminal responsibility under the ICTY Statute by not taking effective measures to prevent the killings of civilians and by failing to investigate the killings and punish the perpetrators.
In Halilovic, the Trial Chamber found that murders were committed both in Grabovica and Uzdol. However, the court found the Prosecution failed to establish that Sefer Halilovic was appointed as commander of Operation Neretva. The Trial Chamber also determined that the Prosecution failed to prove beyond a reasonable doubt that Halilovic was either the de jure or de facto commander of Operation Neretva. By failing to prove Halilovic had effective control over the troops involved in the killings of civilians, the Trial Chamber determined Halilovic did not incur criminal responsibility for the crimes charged and, thereby, acquitted Halilovic of all charged crimes.
Further Information:
Indictment Against Sefer Halilovic
Prosecutor v. Halilovic Trial Chamber Motions
Prosecutor v. Halilovic Trial Chamber Orders
Prosecutor v. Halilovic Trial Transcripts
Prosecutor v. Halilovic Trial Chamber Judgment