Prosecutor v. Dario Kordić and Mario Čerkez (Lašva Valley, Central Bosnia: destruction of mosques and other religious and educational institutions)

Tribunal case · International Criminal Tribunal for the former Yugoslavia (ICTY); Trial Chamber III and Appeals Chamber · IT-95-14/2 (IT-95-14/2-T trial; IT-95-14/2-A appeal)

1995-11-10 (initial indictment) – 2004-12-17 (Appeals Judgement)

Summary

Dario Kordić and Mario Čerkez, Bosnian Croat figures in the Lašva Valley region of Central Bosnia, were tried together at the ICTY. Among the 44 counts were two for "destruction or damage to religious or educational institutions", described by the Trial Chamber as violations of the laws or customs of war: Count 43 (Kordić) and Count 44 (Čerkez). In the Trial Judgement of 26 February 2001 the Chamber stated that "the HVO deliberately targeted mosques and other religious and educational institutions" as part of a common plan, found Kordić guilty on Count 43 and Čerkez guilty on Count 44, and sentenced them to 25 and 15 years. In the Appeals Judgement of 17 December 2004 the Appeals Chamber affirmed Kordić's Count 43 conviction for Ahmići and Han Ploča-Grahovci but reversed it for Stari Vitez, affirmed his 25-year sentence, and reversed Čerkez's convictions under Count 44, imposing a new sentence of 6 years. The written judgements were not read for this entry, so the entry does not say which buildings were found destroyed.

Sources: International Criminal Tribunal for the former Yugoslavia (legacy site maintained by the IRMCT), International Criminal Tribunal for the former Yugoslavia (legacy site maintained by the IRMCT), International Criminal Tribunal for the former Yugoslavia (legacy site maintained by the IRMCT), International Criminal Tribunal for the former Yugoslavia (legacy site maintained by the IRMCT), International Criminal Tribunal for the former Yugoslavia (legacy site maintained by the IRMCT), International Criminal Tribunal for the former Yugoslavia (legacy site maintained by the IRMCT), International Criminal Tribunal for the former Yugoslavia (legacy site maintained by the IRMCT)

Legal basis

The ICTY's case information sheet groups the charges of destroying religious or educational buildings under Article 3 of the Statute (violations of the laws or customs of war); the Trial Chamber's pronouncement describes Counts 43 and 44 as "violations of the laws or customs of war (destruction or damage to religious or educational institutions)". As reproduced in a University of Oslo copy of the Statute, Article 3(d) lists "seizure of, destruction or wilful damage done to institutions dedicated to religion, charity and education, the arts and sciences, historic monuments and works of art and science" and Article 3(b) lists "wanton destruction of cities, towns or villages, or devastation not justified by military necessity". The two accused were charged under Article 7(1) (individual responsibility, covering a person who "planned, instigated, ordered, committed or otherwise aided and abetted") and Article 7(3) (responsibility of a superior for acts of subordinates). The Trial Chamber found Kordić not liable under Article 7(3); it found Čerkez liable under Article 7(3) for offences arising from attacks on three locations (Vitez, Stari Vitez and Večeriska). The Appeals Chamber's disposition reversed all of Čerkez's Article 7(3) convictions. The exact Statute article under which Counts 43 and 44 were framed in the indictment and the elements the Chambers applied were not read.

Outcome

TRIAL (Trial Judgement, IT-95-14/2-T, 26 February 2001, as pronounced by Trial Chamber III): Count 43 (destruction or damage to religious or educational institutions): Dario Kordić guilty. Count 44 (same offence): Mario Čerkez guilty. The Chamber stated that "the HVO deliberately targeted mosques and other religious and educational institutions", that there was "a pattern of destruction and plunder in all the places attacked by the HVO", and that all this was part of the common plan. Overall sentences: Kordić 25 years' imprisonment, Čerkez 15 years' imprisonment, with time in custody from 6 October 1997 deducted. Kordić was found guilty on Counts 1, 3, 4, 7, 8, 10, 12, 21, 22, 38, 39 and 43 and not guilty on Counts 9, 11, 13, 23-28 and 37. Čerkez was found guilty on Counts 2, 5, 6, 14, 15, 17, 19, 29-31, 33, 35, 41, 42 and 44 and not guilty on Counts 16, 18, 20, 32, 34, 36 and 40 (the English transcript's reading of Counts 23-28 was ambiguous; the English press release and the French summary give not guilty). APPEAL (Appeals Judgement, IT-95-14/2-A, 17 December 2004, as pronounced): Kordić: Count 43, "destruction or wilful damage to institutions dedicated to religion or education", affirmed for Ahmići and for Han Ploča-Grahovci, and reversed for Stari Vitez; other convictions were reversed location by location, Count 1 (persecutions) affirmed in part, and the sentence of 25 years affirmed. Čerkez: convictions under Count 44 reversed (for Večeriska, Donja Večeriska and Stari Vitez, and for Vitez); the convictions the pronouncement affirms are under Article 7(1) only, for Counts 2 (persecutions), 29 and 30 relating to the Vitez cinema and SDK building; new sentence of 6 years, enforced immediately under Rule 118; the Appeals press release states that this was less than the time he had already served and that immediate release was ordered. The pronouncement and press releases do not name particular mosques or buildings, and the Appeals Chamber's reasoning on Counts 43 and 44 (including why the Stari Vitez and Čerkez convictions were reversed) was not read.

Timeline

10 November 1995
Initial indictment
The ICTY case information sheet gives 10 November 1995 as the date of the initial indictment (IT-95-14/2, "Lašva Valley"). The amended indictment is dated 30 September 1998.
Sources: International Criminal Tribunal for the former Yugoslavia (legacy site maintained by the IRMCT)
6 October 1997
Both accused transferred to the Tribunal
The case information sheet records the arrest and transfer of both accused on 6 October 1997; they pleaded not guilty at their initial appearance on 8 October 1997.
Sources: International Criminal Tribunal for the former Yugoslavia (legacy site maintained by the IRMCT)
30 September 1998
Amended indictment
The case information sheet gives 30 September 1998 as the date of the amended indictment. The Trial Judgement press release states that the Indictment contains 44 counts; the counts relevant here are 43 (Kordić) and 44 (Čerkez), described in the Trial Chamber's pronouncement as violations of the laws or customs of war (destruction or damage to religious or educational institutions).
Sources: International Criminal Tribunal for the former Yugoslavia (legacy site maintained by the IRMCT), International Criminal Tribunal for the former Yugoslavia (legacy site maintained by the IRMCT), International Criminal Tribunal for the former Yugoslavia (legacy site maintained by the IRMCT)
12 April 1999
Trial opens
The trial opened on 12 April 1999; closing arguments were heard on 14 and 15 December 2000.
Sources: International Criminal Tribunal for the former Yugoslavia (legacy site maintained by the IRMCT), International Criminal Tribunal for the former Yugoslavia (legacy site maintained by the IRMCT)
26 February 2001
Trial Judgement
Trial Chamber III found Kordić guilty on Count 43 and Čerkez guilty on Count 44. It also stated that "the HVO deliberately targeted mosques and other religious and educational institutions". Sentences: Kordić 25 years, Čerkez 15 years. Judgement reference IT-95-14/2-T.
Sources: International Criminal Tribunal for the former Yugoslavia (legacy site maintained by the IRMCT), International Criminal Tribunal for the former Yugoslavia (legacy site maintained by the IRMCT), International Criminal Tribunal for the former Yugoslavia (legacy site maintained by the IRMCT), UNHCR Refworld
12-13 March 2001
Notices of appeal filed
The case information sheet gives 12 March 2001 (defence) and 13 March 2001 (Prosecution) as the dates of the notices of appeal.
Sources: International Criminal Tribunal for the former Yugoslavia (legacy site maintained by the IRMCT)
17-19 May 2004
Appeal hearings
The Appeals Chamber heard the appeals on 17, 18 and 19 May 2004. Final deliberations took place on 2 December 2004.
Sources: International Criminal Tribunal for the former Yugoslavia (legacy site maintained by the IRMCT), International Criminal Tribunal for the former Yugoslavia (legacy site maintained by the IRMCT)
17 December 2004
Appeals Judgement
For Kordić, the Appeals Chamber affirmed Count 43 for Ahmići and for Han Ploča-Grahovci, reversed Count 43 for Stari Vitez, and affirmed the 25-year sentence. For Čerkez, it reversed his convictions under Count 44 (for Veceriska, Donja Veceriska, Stari Vitez and for Vitez) and imposed a new sentence of 6 years. Judgement reference IT-95-14/2-A.
Sources: International Criminal Tribunal for the former Yugoslavia (legacy site maintained by the IRMCT), International Criminal Tribunal for the former Yugoslavia (legacy site maintained by the IRMCT), International Criminal Tribunal for the former Yugoslavia (legacy site maintained by the IRMCT), UNHCR Refworld
8 June 2006
Kordić transferred to Austria
Kordić was transferred to Austria on 8 June 2006 to serve his 25-year sentence.
Sources: International Criminal Tribunal for the former Yugoslavia (legacy site maintained by the IRMCT)

Connected pages

Bosnia and Herzegovina — territory where the events in the Lašva Valley occurred

Sources

Fiche d'information sur l'affaire (Case Information Sheet, French): Kordić & Čerkez, IT-95-14/2, "Vallée de la Lašva" — International Criminal Tribunal for the former Yugoslavia (legacy site maintained by the IRMCT) · Tier 1: official or primary record
Note: Tribunal's own case summary, marked as not an official document; French version read (English version not opened). Used for procedural dates and the Article 3 charge categories. It does not number the counts; its table gives a release date for Čerkez of 2 December 2004 that it does not explain, and that date is not used here. Read through a fetch tool that summarises pages, so wording should be re-checked against the original before approval.
Transcript of 26 February 2001 (Trial Judgement pronouncement), IT-95-14/2-T — International Criminal Tribunal for the former Yugoslavia (legacy site maintained by the IRMCT) · Tier 1: official or primary record
Note: Summary and disposition read out in court by the Trial Chamber (Judge May delivered the summary); not the written judgement. Source of the finding on mosques, the per-count verdicts and the sentences. Read through a fetch tool that summarises pages, so wording should be re-checked against the original before approval.
Press release "Judgement of Trial Chamber III in the Kordić and Čerkez Case" (The Hague, 26 February 2001, JL/P.I.S./567-e) — International Criminal Tribunal for the former Yugoslavia (legacy site maintained by the IRMCT) · Tier 1: official or primary record
Note: Marked "Exclusively for the use of the media. Not an official document"; a media summary of the Trial Judgement. Used to cross-check the transcript. Read through a fetch tool that summarises pages, so wording should be re-checked against the original before approval.
Press release summary of the Trial Judgement, 26 February 2001 (French version, "Document non officiel") — International Criminal Tribunal for the former Yugoslavia (legacy site maintained by the IRMCT) · Tier 1: official or primary record
Note: French-language media summary, marked as not an official document. Used only to cross-check the lists of counts of conviction and acquittal for each accused. Read through a fetch tool that summarises pages, so wording should be re-checked against the original before approval.
Transcript of 17 December 2004 (Appeals Judgement pronouncement), IT-95-14/2-A, pp. 662-695 — International Criminal Tribunal for the former Yugoslavia (legacy site maintained by the IRMCT) · Tier 1: official or primary record
Note: Summary and disposition read out in court (Judge Schomburg read the summary); not the written Appeal Judgement. The disposition names Counts 43 and 44 and locations but does not itself explain the Chamber's reasoning on them. Other members of the bench were not identified in the text read. Read through a fetch tool that summarises pages, so wording should be re-checked against the original before approval.
Press release: Appeals Chamber judgement in Prosecutor v. Dario Kordić and Mario Čerkez (CT/P.I.S./926e, 17 December 2004) — International Criminal Tribunal for the former Yugoslavia (legacy site maintained by the IRMCT) · Tier 1: official or primary record
Note: Media summary of the Appeals Judgement; the page calls itself not official. Used for what remained of each accused's convictions and for the new sentence of 6 years. Read through a fetch tool that summarises pages, so wording should be re-checked against the original before approval.
Appeals Judgement summary, Kordić and Čerkez, 17 December 2004 (PDF) — International Criminal Tribunal for the former Yugoslavia (legacy site maintained by the IRMCT) · Tier 1: official or primary record
Note: Media summary, marked not an official document; says only the written English judgement is authoritative. File name carries a mistaken '0401' prefix but the release is dated 17 December 2004. Used to cross-check the transcript on Count 43 for Kordić. Read through a fetch tool that summarises pages, so wording should be re-checked against the original before approval.
Kordić & Čerkez (IT-95-14/2): ICTY legacy case page — International Criminal Tribunal for the former Yugoslavia (legacy site maintained by the IRMCT) · Tier 1: official or primary record
Note: Index page listing the case's press releases; used only to confirm the case name, number and the dates of the two judgements. Read through a fetch tool that summarises pages, so wording should be re-checked against the original before approval.
Press release: Dario Kordić and Zoran Žigić transferred to Austria to serve their prison sentences (9 June 2006) — International Criminal Tribunal for the former Yugoslavia (legacy site maintained by the IRMCT) · Tier 1: official or primary record
Note: Press release; states Kordić was transferred on 8 June 2006 and gives trial dates. Does not mention Čerkez. Not a judgement. Read through a fetch tool that summarises pages, so wording should be re-checked against the original before approval.
Prosecutor v. Dario Kordić, Mario Čerkez (Trial Judgement), IT-95-14/2-T: Refworld catalogue entry — UNHCR Refworld · Tier 2: institutional or academic
Note: Catalogue page only: gives the case number IT-95-14/2-T and the date 26 February 2001 and links to the PDF. The written Trial Judgement itself could not be opened (PDF link blocked; archive copy behind a verification page), so no holding in this entry rests on it.
Prosecutor v. Dario Kordić, Mario Čerkez (Appeal Judgement), IT-95-14/2-A: Refworld catalogue entry — UNHCR Refworld · Tier 2: institutional or academic
Note: Catalogue page only: gives the case number IT-95-14/2-A and the date 17 December 2004. The written Appeal Judgement itself could not be opened, so no holding in this entry rests on it.
Statute of the International Criminal Tribunal for the Former Yugoslavia (reproduction, University of Oslo) — University of Oslo, Faculty of Law (treaty library) · Tier 2: institutional or academic
Note: Secondary reproduction of the Statute, not the UN or ICTY text. Articles 3(b), 3(d), 7(1) and 7(3) were checked against it at verification and the quoted wording matches this copy. The ICTY's own consolidated PDF could not be opened (blocked).

Last checked October 15, 2026 · Approved by Harry Disley on October 15, 2026