Writ of summons - Van Diepen Van der Kroef

‘Protection of the civilian population, means and methods of conduct, treatment ofcivilians and persons hors the combat, treatment of detained persons, protection of thewounded, the sick and medical and relief personnel.’391. There is a question of applicability in the first place if the UN troops are involved inpeace enforcement, but also if a peacekeeping mission deteriorates and the troopsbecome involved in an action with organised armed forces (see, Bothe/Dörschel, inFleck, The Handbook of The Law of Visiting Forces, Oxford University Press 2001,page 501). What is involved here is the factual observation that there is fighting and notthe normative question whether fighting was allowed. International humanitarian lawapplies in such situations. Plaintiff emphasises that the operation regarding theSrebrenica Safe Area cannot be characterised as a peacekeeping mission. It was clearindeed prior to the dispatch of Dutchbat that a war was raging in the former Yugoslaviaand that the Bosnian Serbs had killed large numbers of civilian victims and would do soagain if they got the chance. There was absolutely no question of peace. This was aquestion of war and the peace had to be enforced. The resolutions provided in thatrespect for the possibility of air strikes. As has been observed above, the order toprotect the Safe Area, which was an enforcement of the possibility of peaceenforcement, followed once more on 10 July 1995.392. UN resolution 836 (under number 9) gave the UN troops the right to use force in selfdefence,in response to attacks on or armed breaches of the Safe Area, in the case ofobstruction of the Safe Area, or the obstruction of the freedom of movement ofUNPROFOR or of humanitarian relief. In actual fact humanitarian relief had beenobstructed for two years, the Safe Area had beeen breached on numerous occasions andUNPROFOR had been fired on. The UN troops had received the express order to protectthe Safe Area. The fact that the order was ignored has no bearing on the fact that the UNtroops were involved in the fighting and that therefore international humanitarian lawwas applicable.393. The UN and Dutchbat acted contrary to international humanitarian law by not reportingwar crimes, comprising plundering, rape, summary executions, grave mistreatment of© Van Diepen Van der Kroef Advocaten 2007www.vandiepen.com164