When assessing whether the commander of the BH Army 3rd Corps took all reasonable measures to punish crimes, one must take into account the difficult situation in which he exercised his command. So claims the defense in its cross-examination of the prosecution military expert.

Klaus Reinhardt, witness at the Hadzihasanovic and Kubura trialKlaus Reinhardt, witness at the Hadzihasanovic and Kubura trial

General Enver Hadzihasanovic exercised his duty as commander of the BH Army 3rd Corps in a "difficult situation," notes his defense. It is his lawyer’s view that this must be taken into account when assessing whether he took all reasonable measures to punish the crimes committed by his subordinates.

The defense presented this argument to witness Klaus Reinhardt, a German Army general testifying as a prosecution expert. He agreed that in 1993 it was "very difficult" to build the BH Army, which had to fight both the VRS and the HVO at the same time and did not have the necessary equipment or training.

Reinhardt, however, considers that Hadzihasanovic and his co-accused, Amir Kubura, former commander of the 7th Muslim Brigade, could have done more--despite the difficulties--to punish the perpetrators of the crimes. As he stated in his report that has already been admitted into evidence, they had to show more determination in imposing disciplinary measures and in instituting criminal proceedings against soldiers who committed crimes against non-Bosniaks in Central Bosnia.

Defense counsel Stephane Bourgon, in an attempt to prove that Hadzihasanovic made great efforts to punish and prevent crimes, states that the 3rd Corps filed a large number of criminal reports to the district military prosecutor's office for murder, plunder, lack of discipline and other infractions. Bourgon failed to specify, however, how many of the reports pertained to crimes committed against Croats and Serbs.

The cross-examination of General Reinhardt will continue through the end of the week.