Writ of summons - Van Diepen Van der Kroef

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10. Plaintiff No. 10;11. Foundation the Mothers of Srebrenica Foundation, registered office in Amsterdam, atDijsselhofplantsoen 16-18;each in these proceedings electing a domicile in Amsterdam at Dijsselhofplantsoen 16-18 (P.O.Box 76729, 1070 KA) at the offices of their legal representatives mr. M.R. Gerritsen, mr. dr. A.Hagedorn, mr. J. Staab and mr. S.A. van der Sluijs;I have,SUMMONED:1. the State of the Netherlands (Ministry of General Afairs), having its seat at TheHague, there at the public prosecutor’s office of the Procurator-General to the SupremeCourt (in Dutch ‘Hoge Raad’) having delivered my writ and having left a copy of thisdocument and of the Exhibits to be further specified:2. an organisation with legal personality The United Nations, having its seat in New YorkCity (NY 10017), New York, United States of America, on First Avenue at 46th Street,not having a recognised seat in The Netherlands, there at the public prosecutor’s office ofthe Procurator-General to the Supreme Court (in Dutch ‘Hoge Raad’) having duly servedthis writ by delivering two copies thereof and two copies of the English translation of thisdocument, with:© Van Diepen Van der Kroef Advocaten 2007www.vandiepen.com2
IN ORDER:on Wednesday, thetwo thousand and seven, at10.00 hours in the morning, not in person but representated by a procurator, to appear at thehearing of the District Court, The Hague, The Netherlands, which then and in that place will beheld in the court building at Prins Clauslaan 60;EXPLICITLY STATING:that should Defendants not appear in the proceedings on the first date specified on the roll or onanother date to be set down by the court or fail to appoint a procurator, the prescribed periodsand formalities being complied with, the court will grant leave to proceed in default ofappearance against Defendants and award the claim by default, unless the court finds the claimunlawful or unfounded;that should one of the Defendants appear and the other not and in respect of the Defendant whoappears the prescribed periods and formalities being complied with, the court will grant leave toproceed in default of appearance against the Defendant who does not appear, proceedings willcontinue between the Defendant who appears and Plaintiff and between all parties a judgmentwill be delivered that is to be considered a judgment in a defended action;IN ORDER TO:in that case and at that place hear the following being claimed and moved:Introduction1. The worst act of genocide in Europe since the Second World War took place in July1995 during the Dutch military presence in the East Bosnian enclave of Srebrenica.Between 8,000 and 10,000 persons were killed.Plaintiffs 1 through 10 (hereafter referred to in the interests of readability as: ‘Plaintiff’)and Plaintiff under 11 (hereafter referred to as: ‘the Foundation) hold the defendants,hereafter referred to as: ‘the State of the Netherlands’ and ‘the UN’, jointly responsiblefor the fall of the enclave Srebrenica and the consequences thereof. The Foundation is alegal entity under Dutch law with full legal capacity, formed with a view to bringing acollective action (class action) within the meaning of Article 3:305a Netherlands Civil© Van Diepen Van der Kroef Advocaten 2007www.vandiepen.com3
Page 1: WRIT OF SUMMONSDISTRICT COURT, THE
Page 5 and 6: - every request by the inhabitants
Page 7 and 8: 8. The fate of the civilian populat
Page 9 and 10: IV Tender of evidence 446I Facts5.
Page 11 and 12: NIOD. This Report is referred to as
Page 13 and 14: 12. The Yugoslav People’s Army (o
Page 15 and 16: ‘Prior to departing, he addressed
Page 17 and 18: - UN resolution 816 (31 March 1993)
Page 19 and 20: No. 4:Decides to ensure full respec
Page 21 and 22: …Should UNPROFOR’s presence pro
Page 23 and 24: 30. To reiterate here, the question
Page 25 and 26: UN and the State of the Netherlands
Page 27 and 28: Brigade. In addition, the State of
Page 29 and 30: 43. The choice in favour of deploym
Page 31 and 32: The government parties replied to t
Page 33 and 34: population during the training as
Page 35 and 36: Potocari/Srebrenica. This chain of
Page 37 and 38: 63. As appears from the above, and
Page 39 and 40: eference to the failure to act of D
Page 41 and 42: ‘I have been directed, today 29 M
Page 43 and 44: leaders (Milosevic, Karadzic and Ml
Page 45 and 46: observation post was not carried ou
Page 47 and 48: attack on the Safe Area on 6 July 1
Page 49 and 50: single shot being fired and OP-F wa
Page 51 and 52: 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
Page 59 and 60:
Commander therefore gave the order
Page 61 and 62:
he proposed to have Karremens arres
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Brantz, to establish that there was
Page 65 and 66:
officers and the State of the Nethe
Page 67 and 68:
had any purpose to go ahead with th
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Voorhoeve (see also number 307 of t
Page 71 and 72:
y VRS soldiers in Dutch uniform and
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population: medical matters (Dutchb
Page 75 and 76:
OP-N161. The capture of OP-N is des
Page 77 and 78:
Brantz (Tuzla)↕Karremans, Franken
Page 79 and 80:
‘The first line of resistance to
Page 81 and 82:
180. Plaintiff Mujić states (see E
Page 83 and 84:
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
Page 89 and 90:
Other points concerned forced evict
Page 91 and 92:
‘On 12 and 13 July 1995, upon the
Page 93 and 94:
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
Page 101 and 102:
night-time. I did not dare to leave
Page 103 and 104:
239. Plaintiff Hotič states (see E
Page 105 and 106:
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
Page 111 and 112:
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
Page 117 and 118:
‘We were deported to Tuzla later
Page 119 and 120:
I arrived at the barrier shortly th
Page 121 and 122:
encountered objections from the Dut
Page 123 and 124:
277. Plaintiff Hasanović was born
Page 125 and 126:
Subašić282. Plaintiff Subašić w
Page 127 and 128:
IILegal characterisationIntroductio
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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
Page 135 and 136:
of the Safe Area and was not immedi
Page 137 and 138:
weapons of the VRS, or at least to
Page 139 and 140:
consequence that the VRS could depl
Page 141 and 142:
326. Instead of taking action from
Page 143 and 144:
‘(…) I had spent days lying on
Page 145 and 146:
23 July 1995 (see H. Praamsma, J. P
Page 147 and 148:
(a) (…) encouraging the progressi
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‘Article 3 - General Principles1.
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control of UNPROFOR from the moment
Page 153 and 154:
‘The presumption can be rebutted
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ecame entwined. In his view, it was
Page 157 and 158:
Conventions obliges the Contracting
Page 159 and 160:
Article 8 of the ILC Articles for I
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- secondly, it was evident that the
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international customary humanitaria
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civilians, deportation and murder.
Page 167 and 168:
‘(…) confirm that Article I doe
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also be assessed by legal criteria,
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‘(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
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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
Page 185 and 186:
‘militairement avait mal conduit.
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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
Page 195:
THEREFORE:If it pleases the Court t
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Writ of summons - Van Diepen Van der Kroef

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