Tag Archives: UNPROFOR

24 July 2014

Dutch District Court holds the Netherlands responsible for more than 300 Srebrenica deaths

On 16 July 2014, the District Court of The Hague hold that the state of the Netherlands is responsible regarding the death of about 300 men, who were killed subsequent to their eviction from a compound near Srebrenica where Dutch peacekeepers of UNPROFOR (Dutchbat) were posted in 1995.

The case against the Netherlands was brought by the relatives of ten victims and the association ‘Mothers of Srebrenica’. This association has earlier brought claims against the United Nations before Dutch courts and the European Court of Human Rights, which have been rejected on the ground of immunity of the UN.

See here for the judgment in English.

See here for a SHARES blog written on this decision.

Source: Rechtspraak | Press Release | The Netherlands liable for deportation of more than three hundred men in Srebrenica | The Hague | 16-7-2014

19 July 2014

Dutch Court holds the Netherlands responsible for 300 Srebrenica deaths, and sets limits to future claims

UNPROFOR Dutchbat headquarters in Potočari

On 16 July 2014, the District Court of The Hague issued a decision holding the Dutch State responsible with regards to the death of about 300 men, who were killed following their eviction from a compound near Srebrenica where Dutch peacekeepers of UNPROFOR (Dutchbat) were stationed before evacuating it in July 1995. (more…)

2011

Dual attribution: liability of the Netherlands for conduct of Dutchbat in Srebrenica

André Nollkaemper

On 5 July 2011 the Court of Appeal of The Hague held that the state of the Netherlands had acted unlawfully and is liable, under Dutch law, for evicting four Bosnian nationals from the compound of Dutchbat in Srebrenica on … Read more

8 July 2011

Dual attribution: liability of the Netherlands for removal of individuals from the compound of Dutchbat

On 5 July 2011, the Court of Appeal of the Hague decided that the State of the Netherlands had acted unlawfully and is liable for evicting Bosnian nationals from the compound of Dutchbat in Srebrenica on 12 July 1995. Ibro Nuhanovic, Muhamed  Nuhanovic, Nasiha Nuhanovic and Rizo Mustafic were subsequently killed by Bosnian Serbs, as part of what the ICTY and the ICJ later found to be acts of genocide.

The decision adds another chapter to the tortuous attempt of the Netherlands to cope with its multiple failures, with dramatic consequences, in its policies and decisions regarding the conduct of Dutch peacekeeping troops in Srebrenica in 1995, In 2002, the Government of then prime minister Wim Kok resigned after a report held it partly to blame for the failure to offer protection in Srebenica. At the time, Kok said that he accepted political, but no legal responsibility. Almost ten years later, the Court of Appeal has made clear that the responsibility is not only political, but that the Dutch policy in regard of Srebrenica also has engaged its legal liability. (more…)

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