Writ of summons - Van Diepen Van der Kroef

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were shot dead. I did not hear the soldiers in UN uniform speak Dutch. I learned laterthat they spoke Serbian with each other. Some of the people called them by namebecause they recognized them. I do not know how many people were shot dead. I heardmany shots. I actually saw a case myself where a person was shot dead. This allhappened about 15 meters from the factory. I heard shooting every 10 to 15 minutes.This went on for about three to four hours. When it grew dark, the shooting increased.The people were so scared that no-one left their place. Everyone, including myself,stayed in the same place.The son of the uncle of my husband could not bear to watch it anymore and hangedhimself in the factory. He was afraid that something would happen to one of his threedaughters. He was afraid that she would be raped and that he would have to witnessthat. That was the reason why he hanged himself. His name was Smojlović Hamdija.We obtained permission to bury him a few meters outside the circle. Dutchbat soldierspatrolled along the road. They moved among the refugees. I am convinced that theysaw what was happening. It was impossible for them not to have seen what occurred.They also came inside the circle sometimes. They were able to move about freely.The Chetniks began with the transportation of men and women from noon on 12thJuly1995. Girls especially were also taken away. The Dutch soldiers did not intervene.They were constantly implored to help. At a given moment, and this is very important, Imyself saw how a boy of fourteen years old from Zapolje, whose mother was calledMukelefa, was snatched out of the hands of his mother. She begged the Dutch soldiersto bring her son back. They just watched and did nothing. The Dutchbat soldiers stayedvery calm during all of this. They offered no resistance to what was happening and alsodid not protect any of us. Dramatic events were taking place everywhere. Old men weremurdered. Children were snatched out of the hands of their mothers and parentscommitted suicide because their daughters were taken away and raped.At that time one’s life stopped. Total chaos reigned. I saw no rapes myself. I saw onlythat girls were taken away and I do not know where they were taken to.© Van Diepen Van der Kroef Advocaten 2007www.vandiepen.com106
During all of this the Dutch soldiers just walked around without doing anything. (…)The Dutch soldiers just watched. They did not react in any way at all to what happened.I recognized some of the Dutch soldiers from the patrols alongside our house. Wearrived at a barrier. I knew about twenty persons of those in the group with us. Somewere neighbours, some were friends and some I knew from work. I saw how the nineyearold son was torn out of the arms of his mother. She screamed for help. The Serbiansoldiers dragged her by the hair and beat her on the ground. The woman was thrown inthe truck. The young boy lay on the ground on his left side. Even after more than elevenyears I cannot forget how he cried out for his mother.’243. Plaintiff Subašić states (see Exhibit 9):‘Then Mladić came and everyone was in a panic. The soldiers with Mladić were heavilyarmed and walked among the people. All this was filmed by a camera crew. Mladićbegan then to distribute chocolate and sweets among the children there. He let it beknown that no-one needed to be afraid and that everything would be fine. As soon asthe camera stopped filming this scene changed. He asked a young boy how old he was.The boy told him that he was eleven. To that Mladić said that in six years he could be asoldier and that he had to go with them. The young boy was then grabbed, taken out,and taken away. I told this to my husband and he told it in turn in English to one of thesoldiers that children were being removed. The Dutch soldier looked at him and saidonly, “So what”.(…)The Serbs began at a certain point to take girls and young women out of the group ofrefugees. They were raped. The rapes often took place under the eyes of others andsometimes even under the eyes of the children of the mother. A Dutch soldier stood byand he simply looked around with a walkman on his head. He did not react at all towhat was happening. It did not happen just before my eyes, for I saw that personally,© Van Diepen Van der Kroef Advocaten 2007www.vandiepen.com107
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WRIT OF SUMMONSDISTRICT COURT, THE
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IN ORDER:on Wednesday, thetwo thous
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- every request by the inhabitants
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8. The fate of the civilian populat
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IV Tender of evidence 446I Facts5.
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NIOD. This Report is referred to as
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12. The Yugoslav People’s Army (o
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‘Prior to departing, he addressed
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- UN resolution 816 (31 March 1993)
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No. 4:Decides to ensure full respec
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…Should UNPROFOR’s presence pro
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30. To reiterate here, the question
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UN and the State of the Netherlands
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Brigade. In addition, the State of
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43. The choice in favour of deploym
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The government parties replied to t
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population during the training as
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Potocari/Srebrenica. This chain of
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63. As appears from the above, and
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eference to the failure to act of D
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‘I have been directed, today 29 M
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leaders (Milosevic, Karadzic and Ml
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observation post was not carried ou
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attack on the Safe Area on 6 July 1
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single shot being fired and OP-F wa
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immediate and robust reaction Nicol
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know what Dutchbat itself would do
Page 55 and 56: that the enclave was continuously e
Page 57 and 58: ‘You are to use all means at your
Page 59 and 60: Commander therefore gave the order
Page 61 and 62: he proposed to have Karremens arres
Page 63 and 64: Brantz, to establish that there was
Page 65 and 66: officers and the State of the Nethe
Page 67 and 68: had any purpose to go ahead with th
Page 69 and 70: Voorhoeve (see also number 307 of t
Page 71 and 72: y VRS soldiers in Dutch uniform and
Page 73 and 74: population: medical matters (Dutchb
Page 75 and 76: OP-N161. The capture of OP-N is des
Page 77 and 78: Brantz (Tuzla)↕Karremans, Franken
Page 79 and 80: ‘The first line of resistance to
Page 81 and 82: 180. Plaintiff Mujić states (see E
Page 83 and 84: The flight to the UN compound189. D
Page 85 and 86: 193. It is incomprehensible that Du
Page 87 and 88: soldiers let that be known when the
Page 89 and 90: Other points concerned forced evict
Page 91 and 92: ‘On 12 and 13 July 1995, upon the
Page 93 and 94: statements put in the proceedings a
Page 95 and 96: lying on a wagon. The Dutchbat sold
Page 97 and 98: 228. Only one Dutchbat officer was
Page 99 and 100: ‘UNMO source about 1,000 men take
Page 101 and 102: night-time. I did not dare to leave
Page 103 and 104: 239. Plaintiff Hotič states (see E
Page 105: People had no food or water, nor we
Page 109 and 110: group and they were raped. I was ve
Page 111 and 112: four or five Dutchbat soldiers were
Page 113 and 114: shocked by what he had evidently se
Page 115 and 116: follows:‘An alternative position
Page 117 and 118: ‘We were deported to Tuzla later
Page 119 and 120: I arrived at the barrier shortly th
Page 121 and 122: encountered objections from the Dut
Page 123 and 124: 277. Plaintiff Hasanović was born
Page 125 and 126: Subašić282. Plaintiff Subašić w
Page 127 and 128: IILegal characterisationIntroductio
Page 129 and 130: the United Nations, Advisory opinio
Page 131 and 132: 302. The UN and the State of the Ne
Page 133 and 134: acting arise, respectively). In add
Page 135 and 136: of the Safe Area and was not immedi
Page 137 and 138: weapons of the VRS, or at least to
Page 139 and 140: consequence that the VRS could depl
Page 141 and 142: 326. Instead of taking action from
Page 143 and 144: ‘(…) I had spent days lying on
Page 145 and 146: 23 July 1995 (see H. Praamsma, J. P
Page 147 and 148: (a) (…) encouraging the progressi
Page 149 and 150: ‘Article 3 - General Principles1.
Page 151 and 152: control of UNPROFOR from the moment
Page 153 and 154: ‘The presumption can be rebutted
Page 155 and 156: ecame entwined. In his view, it was
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Conventions obliges the Contracting
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Article 8 of the ILC Articles for I
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- secondly, it was evident that the
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international customary humanitaria
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civilians, deportation and murder.
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‘(…) confirm that Article I doe
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also be assessed by legal criteria,
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‘(14) UNPROFOR had participated a
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under customary law. A duty on stat
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and the State of the Netherlands ac
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for International Organisations com
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‘(c) Provide those who claim to b
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the State of the Netherlands must p
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of the Netherlands. The UN and the
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‘militairement avait mal conduit.
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UN but also to the purposes that ar
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possible immunity on the part of th
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‘The United Nations shall make pr
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‘In spite of this provision of th
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THEREFORE:If it pleases the Court t
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