Writ of summons - Van Diepen Van der Kroef

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- Mrs Ramiza Gurdić- Mrs Mila Hasanović- Mrs Kada Hotić- Mrs Šuhreta Mujić- Plaintiff No. 7- Mrs Zumra Šehomerović- Mrs Munira Subašić- Plaintiff No. 10- Mrs Sabra Kolenović467. The statements of these persons, which have been entered in the proceedings as Exhibits1 through 11, show the facts that these persons can attest to (the proof of which factsPlaintiff offers). The names of those persons mentioned who can be heard for theprovision of oral evidence is not exhaustive. If necessary, there are thousands of womenwho can testify and who can confirm the facts put forward in this writ of summons. It isinherent in the present case that virtually all the witnesses are also victims because theylost someone in the events attending the fall of the Safe Area. That does not apply forthe witness, Mrs Sabra Kolenović, who was ‘merely’ driven from hearth and home andill-treated by Bosnian Serbs.Moreover, Plaintiff offers to prove all other facts stated by her. In order to keep theextent of this somewhat within limits it is not offered to prove each fact separately.Plaintiff expressly offers, however, to deliver that proof in part through oral evidence,more particularly by the examination of each of the above persons. In formulating aspecific and relevant offer to provide oral evidence Plaintiff has encountered theproblem that Plaintiff does not know the names and addresses of the Dutchbat soldiersconcerned. Those names have not been released by the State of the Netherlands and theNIOD. Plaintiff petitions the Court to assist Plaintiff in this evidentiary problem and ifnecessary to reverse the burden of proof where oral evidence should originate fromDutchbat soldiers. The same applies to the documents that the State of the Netherlandsand the UN do not wish to produce on the grounds that they have been classified assecret.© Van Diepen Van der Kroef Advocaten 2007www.vandiepen.com194
THEREFORE:If it pleases the Court to give judgment having immediate effect:1) to grant a judicial declaration that the United Nations and the State of theNetherlands are guilty of an attributable failing in the fulfillment of their obligationstowards Plaintiff under 1 through 10, as well as towards the persons whose interestsare promoted by Plaintiff under 11, as set out in the body of this writ of summons;2) to grant a judicial declaration that the United Nations and the State of theNetherlands acted unlawfully towards Plaintiff under 1 through 10, as well astowards the persons whose interests are promoted by Plaintiff under 11, as set out inthe body of this writ of summons;3) to grant a judicial declaration that the United Nations and the State of theNetherlands breached their obligations to prevent genocide, as laid down in theGenocide Convention,;4) to hold the United Nations and the State of the Netherlands jointly liable to paycompensation for the loss and injury suffered by Plaintiff under 1 through 10 as wellas damages yet to be determined by the court, and to settle these according to law;5) to hold the United Nations and the State of the Netherlands jointly liable to payPlaintiff under 1 through 10 an advance of EUR 25,000 per person of thecompensation to be awarded, as claimed under point 4 of the petition;6) to hold the United Nations and the State of the Netherlands jointly liable to pay thecosts of these proceedings.The costs of this service are borne by me, process server,© Van Diepen Van der Kroef Advocaten 2007www.vandiepen.com195
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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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IILegal characterisationIntroductio
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the United Nations, Advisory opinio
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302. The UN and the State of the Ne
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acting arise, respectively). In add
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of the Safe Area and was not immedi
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weapons of the VRS, or at least to
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consequence that the VRS could depl
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326. Instead of taking action from
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Page 145 and 146: 23 July 1995 (see H. Praamsma, J. P
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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
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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 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
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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: ‘In spite of this provision of th
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Writ of summons - Van Diepen Van der Kroef

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