Writ of summons - Van Diepen Van der Kroef

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I.16.Mothers of Srebrenica Foundation284. The Foundation has as its objects:‘the promotion of the interests of – the surviving relatives of – the victims of theBosnian enclave Srebrenica, the bringing of a collective action (class action), theentering into of settlements and the settlement thereof, for example, on the basis of theSettlement of Mass Damage Act (in Dutch ‘Wet Afwikkeling massaschade’), theprovision of (legal) assistance on all matters, the making available of financial meansfor the benefit of the victims and other concerned parties, including the provision ofmeans whether or not financial to social welfare organizations or institutions on thespot, that have as their object the redevelopment of Srebrenica and environs andfurthermore everything that in the widest sense of the word is connected with or couldbe conducive thereto.285. The Foundation represents the interests of approxemately 6,000 surviving relatives. Thenames of these interested parties have been made known to the UN and the State of theNetherlands.286. Prior to the commencement of these proceedings the legal representatives of Plaintiffand the persons whose interests are promoted by Foundation, have brought the presentmatter to the attention of the UN and the State of the Netherlands.Neither the State of the Netherlands nor the UN showed any willingness to enter intonegotiations regarding the matter, and for that reason it is necessary to institute legalproceedings.287. Everything that is stated relating to the facts with regard to Plaintiffs 1 through 10, is tobe considered as herewith repeated and inserted. Plaintiffs 1 through 10 and theFoundation will discuss the legal considerations below.© Van Diepen Van der Kroef Advocaten 2007www.vandiepen.com126
IILegal characterisationIntroduction288. As stated above, Plaintiff and Foundation hold the UN and the State of the Netherlandsjointly liable for the fall of the Safe Area and the consequences resulting therefrom,namely, the murder of the family of Plaintiff and the loss of property. The same holdsfor the persons whose interests are promoted by Foundation. The claims of Plaintiff andFoundation rest upon:Civil law: breach of contract (non-performance)The State of the Netherlands and the UN did not fulfill their obligations to provideprotection for Plaintiff and her murdered family, or at least made insufficient efforts toprotect Plaintiff and her murdered family. The same holds for the persons whoseinterests are promoted by Foundation.The civil law: unlawful conduct (tort)In addition to the facts being characterisable as a failure in the performance of(contractual) obligations, the actions or, alternatively, the omissions of the State of theNetherlands and the UN towards Plaintiff must be characterized as unlawful of tortuousconduct. The same holds true for the persons whose interests are promoted byFoundation.Public International LawThe claims of Plaintiff and Foundation are additionally based on international publiclaw. There is an issue here of unlawful conduct constituting a breach of international lawattributable to both the UN and the State of the Netherlands.Plaintiff and Foundation will elaborate the above forms of responsibility below. Plaintiffand Foundation will first examine the jurisdiction of the Dutch court, the territorialjurisdiction of the District Court, The Hague, the legal personality of the UN, and theapplicable law.© Van Diepen Van der Kroef Advocaten 2007www.vandiepen.com127
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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
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Brantz, to establish that there was
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officers and the State of the Nethe
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had any purpose to go ahead with th
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Voorhoeve (see also number 307 of t
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y VRS soldiers in Dutch uniform and
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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 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: Subašić282. Plaintiff Subašić w
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
Page 165 and 166: civilians, deportation and murder.
Page 167 and 168: ‘(…) confirm that Article I doe
Page 169 and 170: also be assessed by legal criteria,
Page 171 and 172: ‘(14) UNPROFOR had participated a
Page 173 and 174: under customary law. A duty on stat
Page 175 and 176: 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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