Writ of summons - Van Diepen Van der Kroef

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Remedy and Reparation for Victims of Gross Violations of International Human RightsLaw and Serious Violations of International Humanitarian Law’ (hereafter: ‘BasicPrinciples’). The Basic Principles are based, inter alia, on Article 8 of the UniversalDeclaration of Human Rights (UDHM). This right to an effective legal remedy alsoarises from Article 6 EECHR (see, A. Reinisch, in R. Hofmann et al., DieRechtskontrolle von Organen der Staatengemeinschaft, 2007, page 85) and Article 2paragraph 3 under a of the ICCPR.426. The UN under Article 2 of the Basic Principles recommends that the Member Statesenforce these guidelines and apply them in the caselaw, and does so in the followingwords:‘Recommends that States take the Basic principles and Guidelines into account,promote respect thereof and bring them to the attention of members of the executivebodies of government, in particular law enforcement officials and military and securityforces, legislative bodies, the judiciary, victims and their representatives, human rightsdefenders and lawyers, the media and the public in general.’427. With a view to guaranteeing the enforcement by the Member States of the BasicPrinciples, Article I, number 2 under b, c and d of the Basic Principles provides that theMember States of the UN must ensure under international law that they do thefollowing:‘(b) Adopting appropriate and effective legislative and administrative procedures andother appropriate measures that provide fair, effective and prompt access to justice;(c) Making available adequate, effective, prompt and appropriate remedies, includingreparation, as defined below;(d) Ensuring that their domestic law provides at least the same level of protection forvictims as that required by their international obligations.’428. Article II, number 3, under c and d of the Basic Principles determines the scope of theobligations of the Member States. The Member States are under the obligation to:© Van Diepen Van der Kroef Advocaten 2007www.vandiepen.com178
‘(c) Provide those who claim to be victims of a human rights or humanitarian lawviolation with equal and effective access to justice, as described below, irrespective ofwho may ultimately be the bearer of responsibility for the violation;and(d) Provide effective remedies to victims, including reparation, as described below.’429. Article V, number 8 of the Basic Principles defines the concept of victim:‘(…) victims are persons who individually or collectively suffered harm, includingphysical or mental injury, emotional suffering, economic loss or substantial impairmentof their fundamental rights, through acts or omissions that constitute gross violations ofinternational human rights law, or serious violations of international humanitarian law.(…) the term “victim” also includes the immediate family or dependants of the directvictim (…).’Plaintiff and the the persons whose interests are promoted by Foundation are victimswithin the meaning of the Basic Principles. As was shown above, they, or at least theirmurdered family, are indeed the victims of gross violations of human rights andinternational humanitarian law.430. The Basic Principles provide that individuals who are the victims of a gross violation oftheir human rights or international humanitarian law, can enforce their rights underinternational law like a state. Member States must ensure that victims have available tothem all appropriate legal means in order to be able to exercise their rights: see, ArticleVIII, number 12 through 14 of the Basic Principles which provide that:‘A victim of a gross violation of international human rights law or of a serious violationof international humanitarian law shall have equal access to an effective judicialremedy as provided for under international law. (…) Obligations arising underinternational law to secure the right to access justice and fair and impartialproceedings shall be reflected in domestic laws. To that end, States should:© Van Diepen Van der Kroef Advocaten 2007www.vandiepen.com179
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WRIT OF SUMMONSDISTRICT COURT, THE
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IN ORDER:on Wednesday, thetwo thous
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- every request by the inhabitants
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8. The fate of the civilian populat
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IV Tender of evidence 446I Facts5.
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NIOD. This Report is referred to as
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12. The Yugoslav People’s Army (o
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‘Prior to departing, he addressed
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- UN resolution 816 (31 March 1993)
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No. 4:Decides to ensure full respec
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…Should UNPROFOR’s presence pro
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30. To reiterate here, the question
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UN and the State of the Netherlands
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Brigade. In addition, the State of
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43. The choice in favour of deploym
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The government parties replied to t
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population during the training as
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Potocari/Srebrenica. This chain of
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63. As appears from the above, and
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eference to the failure to act of D
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‘I have been directed, today 29 M
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leaders (Milosevic, Karadzic and Ml
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observation post was not carried ou
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attack on the Safe Area on 6 July 1
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single shot being fired and OP-F wa
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immediate and robust reaction Nicol
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know what Dutchbat itself would do
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that the enclave was continuously e
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‘You are to use all means at your
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Commander therefore gave the order
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he proposed to have Karremens arres
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Brantz, to establish that there was
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officers and the State of the Nethe
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had any purpose to go ahead with th
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Voorhoeve (see also number 307 of t
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y VRS soldiers in Dutch uniform and
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population: medical matters (Dutchb
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OP-N161. The capture of OP-N is des
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Brantz (Tuzla)↕Karremans, Franken
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‘The first line of resistance to
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180. Plaintiff Mujić states (see E
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The flight to the UN compound189. D
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193. It is incomprehensible that Du
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soldiers let that be known when the
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Other points concerned forced evict
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‘On 12 and 13 July 1995, upon the
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statements put in the proceedings a
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lying on a wagon. The Dutchbat sold
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228. Only one Dutchbat officer was
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‘UNMO source about 1,000 men take
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night-time. I did not dare to leave
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239. Plaintiff Hotič states (see E
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People had no food or water, nor we
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During all of this the Dutch soldie
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group and they were raped. I was ve
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four or five Dutchbat soldiers were
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shocked by what he had evidently se
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follows:‘An alternative position
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‘We were deported to Tuzla later
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I arrived at the barrier shortly th
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encountered objections from the Dut
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277. Plaintiff Hasanović was born
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Subašić282. Plaintiff Subašić w
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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
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Page 141 and 142: 326. Instead of taking action from
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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
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Page 155 and 156: ecame entwined. In his view, it was
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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
Page 165 and 166: civilians, deportation and murder.
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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: for International Organisations com
Page 181 and 182: the State of the Netherlands must p
Page 183 and 184: of the Netherlands. The UN and the
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Page 187 and 188: 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
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