Writ of summons - Van Diepen Van der Kroef

of the Netherlands. The UN and the State of the Netherlands have not accepted thoseinvitations to begin consultations. Now the Foundation has no alternative other than theinstitution of legal proceedings in order to obtain the judicial declaration in the terms yetto be determined.441. It was shown above that if a start had been made with defence, or at least some form ofresistance, the Bosnian Serbs would not have captured the entire Safe Area. The decisionto capture the entire Safe Area was taken only on 9 July 1995 when no defence wasoffered. That has already been extensively addressed above on the basis of sources andwas additionally confirmed by the ICJ in its Decision van 26 February 2007, under legalconsideration 283. It was only the capture of the entire Safe Area that made possible themurder of 8,000 to 10,000 persons and the driving away of Plaintiff from hearth andhome. Those consequences, as has been elaborated above, were foreseen. There is adirect relationship between the culpable conduct of the UN and the State of theNetherlands and the consequences that occurred. The same applies for the relationshipbetween the non-reporting of the observed war crimes and the murders that weresubsequently committed. If reports had been made, the lives of many could have beensaved.III. Defence offered by the State of the Netherlands and UN442. Plaintiff holds the UN and the State of the Netherlands jointly responsible for the fall ofthe Srebrenica Safe Area and the events that thereupon could occur. Prior tocommencing these proceedings the legal representatives of Plaintiff and the personswhose interests are promoted by Foundation held both the State of the Netherlands andthe UN liable. The State of the Netherlands summarily dismissed any question ofliability and did not wish to enter into consultation on satisfaction. The State of theNetherlands did, however – through its ambassador in Sarajevo – advance a number ofarguments in 2004 that would argue against liability. Plaintiff and the Foundation willbriefly address those arguments below. Further, the possibility exists that the UN willattempt to plead immunity under Article 105 of the UN Charter. Plaintiff and theFoundation will also address that argument.© Van Diepen Van der Kroef Advocaten 2007www.vandiepen.com183