Writ of summons - Van Diepen Van der Kroef

302. The UN and the State of the Netherlands entered into the following obligations toPlaintiff and her family:(1.) The promise made in March 1993 by the then UNPROFOR Commander Morillonto the population in Srebrenica, that the war was over for them and that they fellunder the protection of the UN. The population accepted that offer of protection.The UN ratified these promises by, inter alia:(a.) adopting various resolutions for the protection of the population and theprovision of humanitarian relief;(b.) initiating demilitarisation agreements between the ABiH and the VRS withthe undertaking by the UN that it assumed the protection of the populationthat found itself in the Safe Area (and as a result of which it disarmed). Inimplementation thereof the UN seized the heavy weapons of the inhabitants ofthe Safe Area;(c.) concluding agreements with countries, including The Netherlands, for thedispatch by them of troops to the protected areas;(d.) concluding agreements with NATO for the deployment of air power shouldthe Safe Area be attacked;(e.) the dispatch of troops to the Safe Area.It follows from all these circumstances that an agreement was concluded betweenthe UN and Plaintiff, to the effect that Plaintiff with her family would be protectedand would be safe in the Safe Area. In anticipation of the legal characterisation onthe ground of public international law, Plaintiff and Foundation note here alreadythat the above agreement also constitutes an undertaking in a public internationallaw sense.(2.) In addition, the UN made promises to the population on numerous occasionsconcerning their safety, and did so even after the fall of the Safe Area. Thosepromises and the circumstances in which they were made have been extensivelydiscussed above;© Van Diepen Van der Kroef Advocaten 2007www.vandiepen.com131