Writ of summons - Van Diepen Van der Kroef

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note] had said that Srebrenica must not fall because otherwise dreadful massacres wouldtake place, which was underscored by the specific character of the situation in thisregion.’]17. Milosevic’s statement to Owen that a Bosnian-Serb capture of Srebrenica would lead toa blood bath is also contained in the NIOD Report (see page 2891). That thought wasalso widely present among Bosniacs, which later, at the time of the fall of the Safe Area,prompted them to flee in great numbers. It was borne in mind that the VRS would wreakvengeance for the murders committed in 1992 and 1993 by Bosniacs in Serb villages(which in turn led to the response of Serb massacres and ethnic cleansing) (see page2479 of the NIOD Report).18. The international community, most particularly the UN, decided, against the backgroundoutlined above, to create the so-called ‘Safe Areas’, inter alia, in the area aroundSrebrenica Town.I.2. UN resolutions19. Before examining further the relevant passages in the various UN resolutions of theSecurity Council, Plaintiff will provide below a brief survey of the resolutions that relateto the United Nations Protection Force (see Dutch Parliamentary Enquiry, page 26):- UN resolution 713 (25 September 1991): promulgation of a weapons embargoagainst all parts of the former Yugoslavia;- UN resolution 743 (21 February 1992): establishment of a United NationsProtection Force (UNPROFOR);- UN resolution 758 (8 June 1992): enlargement of UNPROFOR’s duties withresponsibility for the unimpeded provisioning of Sarajevo and other areas in Bosnia;- UN resolution 770 (13 August 1992): approval of the use of ‘all necessarymeasures’ for the provision of humanitarian relief;- UN resolution 781 (9 October 1992): establishment of a no-fly zone over Bosnia tocounter disruption of humanitarian flights to Sarajevo and bombing by BosnianSerbs;© Van Diepen Van der Kroef Advocaten 2007www.vandiepen.com16
- UN resolution 816 (31 March 1993): authorization by the Member States, withreference to Chapter VII (peace enforcement) of the UN Charter, to enforce the noflyzone over Bosnia;- UN resolution 819 (16 April 1993) and UN resolution 824 (6 May 1993):establishment of the Safe Areas under Chapter VII of the UN Charter, which,according to the Dutch Parliamentary Commission of Enquiry, was a hybrid ofpeacekeeping and peace enforcement;- UN resolution 836 (4 June 1993): establishment of the levels of violence in respectof the Safe Areas, based on Chapter VII of the UN Charter;- UN resolution 844 (18 June 1993): choice by the UN Security Council in favour ofthe ‘light variant’ (a military force of 7,600 personnel) and re-confirmation of thepossibility of Close Air Support in order to discharge the mandate;- UN resolution 1004 (12 July 1995): condemnation by the Security Council of theBosnian-Serb aggression and demand for withdrawal of the troops from theSrebrenica Safe Area.20. In the interest of clarification, Plaintiff notes that the UN Charter distinguishes betweendifferent types of peace operation. Under Chapter VI of the Charter peaceful resolutionof disputes is understood as being without military means (peacekeeping). The UN alsorecognises operations under Chapter VII of the Charter, under which fall purely militaryoperations in the interest of international peace and security, thus peace enforcement(see page 58 of the Summary of the NIOD Report). Plaintiff will below examine furtherthe UN resolutions that relate to the Safe Areas and their protection.Introduction to the concept of Safe Area21. The concept of Safe Area is introduced in Article 1 of UN resolution 819 of 16 April1993:‘The Security Council (…)demands that all parties and others concerned treat Srebrenica and its surroundings asa safe area which should be free from any armed attack or any hostile act.’© Van Diepen Van der Kroef Advocaten 2007www.vandiepen.com17
Page 1 and 2: WRIT OF SUMMONSDISTRICT COURT, THE
Page 3 and 4: IN ORDER:on Wednesday, thetwo thous
Page 5 and 6: - every request by the inhabitants
Page 7 and 8: 8. The fate of the civilian populat
Page 9 and 10: IV Tender of evidence 446I Facts5.
Page 11 and 12: NIOD. This Report is referred to as
Page 13 and 14: 12. The Yugoslav People’s Army (o
Page 15: ‘Prior to departing, he addressed
Page 19 and 20: No. 4:Decides to ensure full respec
Page 21 and 22: …Should UNPROFOR’s presence pro
Page 23 and 24: 30. To reiterate here, the question
Page 25 and 26: UN and the State of the Netherlands
Page 27 and 28: Brigade. In addition, the State of
Page 29 and 30: 43. The choice in favour of deploym
Page 31 and 32: The government parties replied to t
Page 33 and 34: population during the training as
Page 35 and 36: Potocari/Srebrenica. This chain of
Page 37 and 38: 63. As appears from the above, and
Page 39 and 40: eference to the failure to act of D
Page 41 and 42: ‘I have been directed, today 29 M
Page 43 and 44: leaders (Milosevic, Karadzic and Ml
Page 45 and 46: observation post was not carried ou
Page 47 and 48: attack on the Safe Area on 6 July 1
Page 49 and 50: single shot being fired and OP-F wa
Page 51 and 52: immediate and robust reaction Nicol
Page 53 and 54: know what Dutchbat itself would do
Page 55 and 56: that the enclave was continuously e
Page 57 and 58: ‘You are to use all means at your
Page 59 and 60: Commander therefore gave the order
Page 61 and 62: 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 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 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.
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
Page 177 and 178:
for International Organisations com
Page 179 and 180:
‘(c) Provide those who claim to b
Page 181 and 182:
the State of the Netherlands must p
Page 183 and 184:
of the Netherlands. The UN and the
Page 185 and 186:
‘militairement avait mal conduit.
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UN but also to the purposes that ar
Page 189 and 190:
possible immunity on the part of th
Page 191 and 192:
‘The United Nations shall make pr
Page 193 and 194:
‘In spite of this provision of th
Page 195:
THEREFORE:If it pleases the Court t
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Writ of summons - Van Diepen Van der Kroef

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