Writ of summons - Van Diepen Van der Kroef

Writ of summons - Van Diepen Van der Kroef Writ of summons - Van Diepen Van der Kroef

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called TOW anti-tank missile launcher, for example, the choice was made for theoutdated .50 machinegun that had been in use since 1950 (see page 1122 of the NIODReport). The decision on armament was taken, moreover, at a very early stage, evenbefore it was known that the unit would be deployed in Srebrenica (see page 1123 of theNIOD Report).46. The choice in favour of light armament was criticized both within the Netherlands andabroad. There was pressure from the Lower House (see page 1128 of the NIOD Report)and from the then Bosnia Herzegovina Commander, Lieutenant-General F. Briquemont,for heavier armament (see page 1124 of the NIOD Report). By using light armament theMinistry of Defence wished, however, to preclude the Air Brigade resembling a regulararmoured infantry battalion, with the result that the necessity for the procurement ofhelicopters might possibly disappear. It was precisely those helicopters that in the viewof the Ministry of Defence made the Air Brigade so special and had consequently playedsuch an important role in the recruitment campaigns for the brigade. If they were not tomaterialize that would diminish the charisma of the unit (see page 125 of the Summaryof the NIOD Report). Moreover, other countries that were supplying soldiers toUNPROFOR, including France and Denmark, had in fact chosen for heavier armaments.To repeat, the choice in favour of light armament was a Dutch choice, for which TheNetherlands was responsible. In no case can the light armament be the beginning of adisculpation for the non, or at least inadequate, protection of the civilian population.Plaintiff takes as an illustration the armament of the Scandinavian UN battalion,Nordicbat, that was stationed around Tuzla, and which had a Danish tank squadronavailable to it. From this it emerges likewise that heavier armament by Dutchbat was notonly desirable and necessary, but had even been possible.47. A political discussion on the armament of Dutchbat arose. A motion was tabled in theLower House in the middle of May 1993 in which the Government was requested, ‘torender the Air Brigade fit for action in foreseeable UN operations by operationalbattalions without delay and also to provide adequate training and instruction withheavier materiel, including armoured vehicles.’.© Van Diepen Van der Kroef Advocaten 2007www.vandiepen.com30

The government parties replied to this that they wished to be able to make a contributionalso to peace enforcement (see page 106 of the Summary of the NIOD Report). This metwith the customary resistance from the Ministry of Defence. A highly-placed official isquoted on page 107 of the Summary of the NIOD Report who complained in response tothis:‘What sort of foolishness is that? Deploy the Air Brigade in Yugoslavia as a sort ofarmoured division? That is the same as saying to a volleyball team shortly before theOlympic Games: we would rather that you played icehockey.’48. The established lack of armour was brushed aside. The Chief of the Defence Staff, Vander Vlis (who had originally expressed his objections to the mission and had claimedthat the deployment of certainly 100,000 soldiers would be required), said that thedeployment of armoured transport vehicles would make the Air Brigade look too muchlike a normal armoured infantry battalion and that had (see page 104 of the Summary ofthe NIOD Report):‘a negative image and would discredit the credibility of and recruitment to the RoyalNetherlands Army. This solution must therefore also be strongly discouraged.’49. In the political discussion that arose in regard to the armament of the Air Brigade, thethen Minister of Defence, Ter Beek, mentioned, moreover, as an argument that heavierarmament could provoke agression. A Member of Parliament recalled that theGovernment had promised, however, that a forceful action would be possible (see page125 of the Summary of the NIOD Report).50. Despite all of this and against better judgement, the decision was adhered to deploy theAir Brigade in Bosnia with light armament.Training and experience© Van Diepen Van der Kroef Advocaten 2007www.vandiepen.com31

called TOW anti-tank missile launcher, for example, the choice was made for theoutdated .50 machinegun that had been in use since 1950 (see page 1122 <strong>of</strong> the NIODReport). The decision on armament was taken, moreover, at a very early stage, evenbefore it was known that the unit would be deployed in Srebrenica (see page 1123 <strong>of</strong> theNIOD Report).46. The choice in favour <strong>of</strong> light armament was criticized both within the Netherlands andabroad. There was pressure from the Lower House (see page 1128 <strong>of</strong> the NIOD Report)and from the then Bosnia Herzegovina Comman<strong>der</strong>, Lieutenant-General F. Briquemont,for heavier armament (see page 1124 <strong>of</strong> the NIOD Report). By using light armament theMinistry <strong>of</strong> Defence wished, however, to preclude the Air Brigade resembling a regulararmoured infantry battalion, with the result that the necessity for the procurement <strong>of</strong>helicopters might possibly disappear. It was precisely those helicopters that in the view<strong>of</strong> the Ministry <strong>of</strong> Defence made the Air Brigade so special and had consequently playedsuch an important role in the recruitment campaigns for the brigade. If they were not tomaterialize that would diminish the charisma <strong>of</strong> the unit (see page 125 <strong>of</strong> the Summary<strong>of</strong> the NIOD Report). Moreover, other countries that were supplying soldiers toUNPROFOR, including France and Denmark, had in fact chosen for heavier armaments.To repeat, the choice in favour <strong>of</strong> light armament was a Dutch choice, for which TheNetherlands was responsible. In no case can the light armament be the beginning <strong>of</strong> adisculpation for the non, or at least inadequate, protection <strong>of</strong> the civilian population.Plaintiff takes as an illustration the armament <strong>of</strong> the Scandinavian UN battalion,Nordicbat, that was stationed around Tuzla, and which had a Danish tank squadronavailable to it. From this it emerges likewise that heavier armament by Dutchbat was notonly desirable and necessary, but had even been possible.47. A political discussion on the armament <strong>of</strong> Dutchbat arose. A motion was tabled in theLower House in the middle <strong>of</strong> May 1993 in which the Government was requested, ‘toren<strong>der</strong> the Air Brigade fit for action in foreseeable UN operations by operationalbattalions without delay and also to provide adequate training and instruction withheavier materiel, including armoured vehicles.’.© <strong>Van</strong> <strong>Diepen</strong> <strong>Van</strong> <strong>der</strong> <strong>Kroef</strong> Advocaten 2007www.vandiepen.com30

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