Writ of summons - Van Diepen Van der Kroef

63. As appears from the above, and which will arise for further discussion below, thedecision-making positions at all three levels above Dutchbat were filled by Dutchofficers.I.6.The fall of the Srebrenica Safe AreaThe run-up64. The most important observation post manned by Dutchbat (OP-E) fell into the hands ofthe VRS on 3 June 1995. Then the Srebrenica Safe Area fell following an attack of sixdays that was launched on 6 July 1995. Plaintiff will raise in this Chapter the issue of theoperational actions of Dutchbat. Moreover, the period preceding the fall will also bediscussed. The conclusion that follows from that is that the UN and Dutchbat seriouslyand culpably failed in the performance of their duties, and that failure ultimately madethe genocide of between 8,000 and 10,000 refugees possible.65. For the present Plaintiff notes that Dutchbat partly relied on the deployment of Close AirSupport for the performance of its duties. A so-called double key was prescribed for thedeployment of the air force, whereby the deployment of air power was made dependenton the permission of both the UN and NATO (NATO attended to the implementation ofan airstrike). The procedure for requesting Close Air Support was designated ‘BlueSword’ (see page 2095 of the NIOD Report). Plaintiff states here already that the UNsubsequently concluded that even with the most restrictive interpretation of the rules allthe conditions for the deployment of Close Air Support had been met and that thedecision on the use of force by deploying air power would have had to have been takenmuch sooner (in any event five days before the fall of the Safe Area) (see points 480 etseq. of the UN Report).66. In the case and to the extent that the State of the Netherlands and the UN rely on therules followed by them for the deployment of Close Air Support, for example, to rebuttheir liability, then in connection with the maintenance of secrecy regarding the relevantdocuments the burden of proof and the onus of proof should fall upon the State of theNetherlands and the UN.© Van Diepen Van der Kroef Advocaten 2007www.vandiepen.com37