Writ of summons - Van Diepen Van der Kroef

consequence that the VRS could deploy its heavy weapons, including tanks and artillery,before and during its advance and the ABiH and the inhabitants of the Safe Area coulddo nothing, except trust in the UN and Dutchbat. The UN is responsible for the fact thatthe ABiH surrendered the possibility to defend itself, and did so in exchange forprotection provided by the UN. By failing to fulfill its obligations and by not protectingthe population against the attacks of the VRS, the UN ensured that the population wasleft helpless in the face of Serb attacks.Refusal to return weapons323. The UN Report confirms under point 477 that Dutchbat refused to return the weapons tothe ABiH on at least two occasions during the attack on the Safe Area by the VRS on theground that it was the task of UNPROFOR to protect the Safe Area; it also gave thepromise that Dutchbat would ensure the implementation of that task. The UN andDutchbat did not implement that task. The UN Report states that the refusal to return theweapons and the reason that Dutchbat gave therefor was incomprehensible (see number477 of the UN Report):‘Despite the odds against them, the Bosniacs requested UNPROFOR the weapons theyhad surrendered under the demilitarization agreements of 1993. They requested thoseweapons at the beginning of the Serb offensive, but the request was rejected byUNPROFOR because, as one commander explained, “it was our responsibility todefend the enclave, not theirs”. Given the limited number and poor quality of theBosniac weapons held by UNPROFOR, it seems unlikely that releasing those weaponsto the Bosniacs would have made a significant difference to the outcome of the battle;but the Bosniacs were under attack at that time, they wanted to resist with whatevermeans they could muster, and UNPROFOR denied them access to some of their ownweapons. With the benefit of hindsight, this decision seems to have been particularlyill-advised, given UNPROFOR’s own unwillingness consistently to advocate force as ameans of deterring attacks on the enclave.’No resistance offered by UN and Dutchbat324. The UN states that the Safe Area was able to fall because absolutely no resistance wasoffered. The UN Report states that the Bosnian Serbs (VRS) decided to capture the© Van Diepen Van der Kroef Advocaten 2007www.vandiepen.com139