Writ of summons - Van Diepen Van der Kroef

Pressing situation in the Safe Area67. The logistics of both Dutchbat and the civilian population of the Safe Area weresqueezed in the course of the operational actions (see number 233 et seq. of the UNReport). A significant part of the supply line to Srebrenica ran through Bosnian-Serbianterritory. Permits for supply convoys were refused by the Bosnian Serbs with increasingfrequency. The Serbs had also ensured – by the compulsory prescription of certain routes– that four days were required to travel a distance of some 250 kilometres. SupplyingDutchbat became a structural problem from the summer of 1994. Only nine of the 38requested convoys received permission to travel from the Bosnian Serbs. These mattersresulted in a serious shortage of diesel oil, with the result that operational tasks (such aspatrols) had to be carried out on foot. Even humanitarian relief was restricted. The thenBattalion Commander, Colonel Everts, raised the serious consequences already at thetime of Dutchbat II (see page 1421 et seq. of the NIOD Report). The lack of suppliesmeant that duties could only be minimally carried out.68. There was talk of a general blockade by the VRS (see page 1426 of the NIOD Report).In addition, there were constant VRS attacks on the Safe Area (see page 1428 et seq. ofthe NIOD Report).69. It follows from the above that the UN and Dutchbat failed on a number of points.Neither the UN nor Dutchbat took action on the ground of the prevention ofprovisioning and supply of humanitarian relief, nor because of attacks on the Safe Areaand its citizens. The UN and Dutchbat consequently failed in the performance of theirundertakings and undermined their essential purpose in breach of the obligations of theUN resolutions by not enforcing the provision of supplies.70. In addition to this, the failure to act led to a psychological effect amongst the BosnianSerbs, who had little or no respect any more for the UN and Dutchbat, and this while animportant element of action being taken by UNPROFOR lay precisely in the lack ofrespect that the warring parties had for the UN. General Manfred Eisele, retired, whowas Assistant Secretary-General for Planning and Support of the UN in 1995, with© Van Diepen Van der Kroef Advocaten 2007www.vandiepen.com38