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151. The Basic Principles provide that individuals who are the victim of a gross violation of humanrights or of international humanitarian law can enforce their rights equally as a state underinternational law. The Member States must ensure that victims have equal access to allappropriate legal remedies in order to be able to exercise their rights. See Article VIII,number 12 through 14 of the Basic Principles which provides that:‘A victim of a gross violation of international human rights law or of a serious violation ofinternational humanitarian law shall have equal access to an effective judicial remedy asprovided for under international law. (…) Obligations arising under international law tosecure the right to access justice and fair and impartial proceedings shall be reflected indomestic laws. To that end, States should:(…)(d) Make available all appropriate legal, diplomatic and consular means to ensure thatvictims can exercise their rights to remedy for gross violations of international humanrights law or serious violations of international humanitarian law.’Under Article VIII, number 13 of the Basic Principles a Member State must ensure that notonly individuals but also groups of victim can enforce their rights. The Associationconstitutes a group of victims within the meaning of Article VIII number 13 of the BasicPrinciples.152. This case concerns a very large group of victims of gross violations of human rights, such asthe right to life and to humanitarian aid. Moreover, the mandate of the UN included theprotection of human rights. The resolutions adopted by the Security Council ordered theprotection of the Safe Area and of the civilians in that area. Given that the object of theresolution was the protection of human life, UN Resolutions 836 and 844 also give directrights to individuals.153. Both the CAVV Report and the Basic Principles lead to the result that the Association et al.can enforce its rights derived from international law before the Netherlands Court. As thatapplies to gross violations of human rights, it applies all the more to the violation of theobligations under the Genocide Convention.The Association et al. has a claim against the UN and the State of the Netherlands underinternational law as the norms of international law that have been breached confer directrights on the individual (see CAVV Report, nos. 3.5.1 and 3.5.2).© Van Diepen Van der Kroef Advocaten page 66 of 99