Writ of summons - Van Diepen Van der Kroef

415. Moreover, the Dutchbat soldiers – without themselves being endangered – should in anyevent have reported the crimes that they witnessed. Dutchbat wrongfully neglected to doso (see, the UN Report under number 474):‘It is harder to explain why the Dutchbat personnel did not report more fully the scenesthat were unfolding around them following the enclave’s fall. Although they did notwitness mass killing, they were aware of some sinister indications. It is possible that ifthe members of the battalion had immediately reported in detail those sinisterindications to the United Nations chain of command, the international community mighthave been compelled to respond more robustly and more quickly, and that some livesmight have been saved. This failure of intelligence-sharing was not only limited to thefall of Srebrenica, but an endemic weakness throughout the conflict, both within thepeacekeeping mission, and between the mission and Member States.’416. The Report of the French Parliament contains an explanation why the observed warcrimes were not reported, namely, out of fear that the position of the Dutchbat soldiersheld hostage could possibly be endangered (see, page 102, Part 1, the Report of theFrench Parliament). That consideration is gravely culpable. The non-reporting of theobserved war crimes also constitutes a breach of the right to life, all the more so as suchreporting could have saved the lives of many.Humanitarian care417. Human rights include, inter alia, the right to food, accommodation and medical care.This right to humanitarian care is acknowledged under customary law (see, A. Simon,op. cit., page 184). Consequently, Dutchbat was obliged to attend to the humanitariancare of the population in the Safe Area (see, A. Simon, op. cit., page 184 et seq.).That Dutchbat evidently did not have available to it sufficient means of coercion was –as was shown above – a direct consequence of a political consideration that in partrelated to the desirability of being able to procure helicopters, poorly reasoned decisionmaking,the desire to deploy the Air Brigade at all costs and a failure of intelligence. TheState of the Netherlands cannot argue the absence of means against Plaintiff. The UN© Van Diepen Van der Kroef Advocaten 2007www.vandiepen.com174