Writ of summons - Van Diepen Van der Kroef

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war crimes is, however, in reality incomprehensible. The Report of the FrenchParliament concluded that there was but one reason for not reporting the war crimeswhich was that the priority of the Dutch government during the entire crisis was theprotection of the Dutchbat soldiers held by the Bosnian Serbs. For that same reason TheNetherlands was also unresponsive to French proposals for military interventionfollowing the fall of the Safe Area (see the Report of the French Parliament, Part I, page102):‘L’explication est e realité assez simple: tout au long de la crise, la priorité dugouvernement néerlandais est de garantir la sécurité des soldats du Dutchbat détenuspar les Serbes. D’où une discrétion volontaire sur les exactions serbes. Dans le mêmeesprit, les Pays-Bas se montreront très réticents face aux propositions françaisesd’intervention military après la chute de l’enclave.’[Lawyer’s translation :The explanation is in reality pretty simple: the priority of the Dutch government duringthe entire crisis lay with the protection of the Dutch soldiers who were held by the Serbs.That was the reason for the deliberate silence about the Serb acts of violence. In thesame spirit The Netherlands showed itself to be very unresponsive to French proposalsfor military intervention after the fall of the enclave.]I.13. Role of Dutchbat in the separation of men from women and deportation253. The Bosnian Serbs began the process of deportation of the refugees on 12 and 13 July1995. To that end the Serbs wished to separate the men and boys from the women.Dutchbat did not stop that. Nor did Dutchbat report the separation, or at leastinsufficiently reported it. Instead Dutchbat soldiers even assisted with the separation anddeportation. The failure to report various matters was discussed above. Plaintiff willexamine below the co-operation given by Dutchbat soldiers in the separation and thedeportation.254. One Dutch officer, who was not prepared to co-operate with the separation anddeportation, stated on this before the Dutch Parliamentary Commission of Enquiry as© Van Diepen Van der Kroef Advocaten 2007www.vandiepen.com114
follows:‘An alternative position was that of observer. That is then what I did: do nothing,observe, note down names, record facts. If you find yourself in a situation in which youhave no weapons any more and you walk about in a T-shirt but you can still fill in those«millimetres», then that has to be your position. If you refrain from doing that orchoose another position, then you take a certain responsibility on yourself. I expresslydid not want to take on that responsibility. I tried to record what was actually going on.That was, to put it bluntly, a deportation. There is no other word for it.’That attitude led to a heated discussion on the spot between this officer and his superiors(see pages 2738 and 2739 of the NIOD Report). The officer in question stated that therewere Dutchbat soldiers who rendered assistance to the VRS with the separation anddeportation (see page 2740 of the NIOD Report).255. The then French Minister for Foreign Affairs, Hervé de Charette, said on Frenchtelevision on 13 July 1995 that the Dutch blue helmets were accessories to ethniccleansing by virtue of their having co-operated with the deportation of the civilianpopulation (see page 2425 of the NIOD Report).256. Plaintiff will discuss below the role of Dutchbat at the time of the separation anddeportation. In addition to that the following matters will be discussed, inter alia,actively ensuring that the refugees proceeded towards the buses and trucks standingready, that they did not leave the rows leading to the buses and that men and boys couldnot enter the buses of the women.257. Plaintiff Fejzić states (Exhibit 1):‘We heard from the Dutch soldiers in the morning of 13th July 1995 that we were to betaken somewhere else. The Serbs and the Dutch soldiers had formed a sort of humanwall on two sides. We had to pass along this corridor of Dutch and Serbian soldierstowards the buses and trucks that stood ready. My son and I held each other tight.© Van Diepen Van der Kroef Advocaten 2007www.vandiepen.com115
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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
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that the enclave was continuously e
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‘You are to use all means at your
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Commander therefore gave the order
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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 and 106: People had no food or water, nor we
Page 107 and 108: During all of this the Dutch soldie
Page 109 and 110: group and they were raped. I was ve
Page 111 and 112: four or five Dutchbat soldiers were
Page 113: shocked by what he had evidently se
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
Page 157 and 158: Conventions obliges the Contracting
Page 159 and 160: Article 8 of the ILC Articles for I
Page 161 and 162: - secondly, it was evident that the
Page 163 and 164: 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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Writ of summons - Van Diepen Van der Kroef

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