Writ of summons - Van Diepen Van der Kroef

(…)(d) Make available all appropriate legal, diplomatic and consular means to ensure thatvictims can exercise their rights to remedy for gross violations of international humanrights law or serious violations of international humanitarian law.’A Member State should ensure on the ground of Article VIII, number 13 of the BasicPrinciples that not only individuals but also groups of victims can enforce their rights.The Foundation constitutes a group of victims within the meaning of Article VIIInumber 13 of the Basic Principles.431. The family of Plaintiff and the persons whose interests are promoted by Foundation arevictims of gross breaches of human rights, such as the the right to life and tohumanitarian care. Moreover, the mandate of the UN implied the protection of humanrights. The resolutions adopted by the Security Council gave the order to protect theSafe Area and the civilians who found themselves there. Given that the protection ofhuman life was the object of the resolution, UN resolutions 836 and 844 also conferrights directly on individuals.432. Both the CAVV Report and the Basic Principles lead to the result that Plaintiff andFoundation can in this case enforce their rights, deriving from public international law,before the Dutch Court. As that applies for gross breaches of human rights, so it appliesall the more for the breach of the obligations arising from the Genocide Convention.Plaintiff and Foundation have a claim against the UN and the State of the Netherlandson the ground of public international law as the violated norms of public internationallaw confer rights directly on the individual (see, CAVV Opinion, nos. 3.5.1 and 3.5.2).433. The Basic Principles provide also that victims have a right to compensation if restorationof the situation that existed prior to the damage-causing facts is not possible. Suchcompensation is awarded, inter alia, for physical and mental injury, lost chances,including employment, education and social security benefits. Compensation is alsoawarded for material damage and loss of profit or earnings and for non-material damage(see, Article IX, number 20 of the Basic Principles). In the light of the above the UN and© Van Diepen Van der Kroef Advocaten 2007www.vandiepen.com180