Writ of summons - Van Diepen Van der Kroef

– namely politics – and could not be bothered by a minor observation post in the SafeArea of Srebrenica.’In the view of Plaintiff, Dutchbat Commander Karremans hit the nail on the head withthis response – which was straight from the shoulder. Interests were evidently involvedin which the protection of the Safe Area containing ten thousand civilians who weredependent upon that protection was subordinate. Those interests did not, however,discharge the UN and Dutchbat from their obligations resulting from their undertakingsand the obligations laid down in the UN resolutions to provide that protection.Surrender of observation post U (OP-U)97. OP-U was abandoned by Dutchbat on 8 July 1995 around 19.00 hours. It appears fromthe NIOD Report (see page 2125) that the observation post was surrounded by sometwenty or so VRS (Vojska Republika Srpska, the army of the Bosnian Serbs) soldiers.Despite previous orders that shots were to be fired over the heads of the VRS were theyto cross the border of the Safe Area and, that should that not achieve the desired effect,they were to return fire, the OP Commander simply surrendered the observation postwithout more. The VRS ordered the crew of OP-U to depart for Srebrenica. The crewwas, however, so afraid of the possible reaction of the ABiH (Armija Bosna iHerzegovina, the Bosnian Army) that they voluntarily decided to accompany the Serbs.This decision to accompany the Serbs had in fact been previously approved by theDeputy Battalion Commander of Dutchbat. These soldiers would later be used by theSerbs as a means to put pressure on the UN and Dutchbat. The view apparently existedfrom the highest to the lowest ranks that voluntarily accompanying Bosnian-Serb troopswas to prevail over the retreat past the civilian population whom Dutchbat had toprotect. Were anyone to imagine that such matters would lead to strong protests atUNPROFOR they would be disappointed. When Dutch General Nicolai spoke thefollowing day by telephone with a VRS General about the above matters, Nicolaiexpressed his appreciation for the fact that the VRS had conducted the capturedDutchbat soldiers by a safe route to Bratunac. In passing Nicolai apparently expressedthe wish to see his men again shortly in Potocari (see pages 2126 and 2127 of the NIODReport). There was no talk of any indignation, decisiveness or action. In place of an© Van Diepen Van der Kroef Advocaten 2007www.vandiepen.com50