Writ of summons - Van Diepen Van der Kroef

threatened with death, no permission would come from Zagreb for the deployment ofClose Air Support. The UN here allowed a unique possibility to pass of eliminating anextensive number of weapons systems of the VRS at this early stage (see page 2103 ofthe NIOD Report). The refusal of the request for Close Air Support and the reasonsgiven for that refusal are incomprehensible to Plaintiff and evidence an incorrectunderstanding of the tasks and powers of UNPROFOR.93. Srebrenica was bombarded by the VRS on 7 July 1995 which resulted in four fatalitiesand 17 wounded among the civilian population in the centre of Srebrenica (see number248 of the UN Report). Even that appeared to be no cause for military intervention bythe UN and Dutchbat. It subsequently emerged from the statement of the Chief of Staffof the VRS, General Milovanovic, that the bombardments had been studied. He declaredthat the bombardments were intended to intimidate Dutchbat and the civilian population(see page 2107 of the NIOD Report).94. Fighting in the Safe Area intensified on 8 July 1995. In the night of 7 to 8 July 1995observation posts counted 275 incoming artillery and mortar shells. The ABiH againrequested Dutchbat on 8 July for a return of the weapons from the Weapon CollectionPoint but that request was once more refused. That refusal was again explained with thestatement that it was the task of Dutchbat to protect the enclave and not the task of theABiH (see number 477 of the UN Report). Dutchbat also stated that NATO wouldintervene with the deployment of Close Air Support when that was necessary (see page2114 et seq. of the NIOD Report).Surrender of observation post F (OP-F)95. The observation post OP-F came under fire on 8 July 1995 from VRS tanks that fired onABiH positions. Following that UNMOs (UN military observers) observed that the VRSwas making preparations to attack the OP. Two tanks were deployed and their firecaused a breach in the defense wall of the OP. Although anti-tank weapons were presentat the OP, they were not deployed (see number 253 of the UN Report). Thereupon VRSsoldiers approached OP-F from out of the woods. Two VRS soldiers came up to the OPand more came after some signalling. The crew of OP-F surrendered without even a© Van Diepen Van der Kroef Advocaten 2007www.vandiepen.com48