Writ of summons - Van Diepen Van der Kroef

immediate and robust reaction Nicolai decided that evening to do nothing, a decisionthat was, however, contrary to an advice that covered the situation from a member ofNicolai’s staff who had previously advised Nicolai to pre-sign a request for Close AirSupport and to submit it to Zagreb. The thrust of that advice was to have a ‘preapproved’request, for which the continuation of the VRS attack would serve as thetrigger. In the event that the VRS were to press home the attack, immediate Close AirSupport would be a possibility without the need for lengthy consultation. Nicolaidisregarded that advice (see page 2127 of the NIOD Report).98. As is evident from the above, the UN and Dutchbat still did not perceive any reason formilitary intervention in the loss of OP-F and OP-U – for incomprehensible reasons.Surrender of the OPs S, K and D99. After this the OPs S, K and D emerged as candidates for capture by the Serbs. TheNIOD Report recounts (on pages 2128 and 2129) how that was effectuated:‘The VRS unit would advance as close as possible to the OP, fire a few grenades in thevicinity of the on and then repeat that action in closer proximity of the on before sittingdown to wait. In the absence of support for the on (which was the case in mostinstances), the VRS would warn the on personnel to withdraw. Most Dutchbat unitssoon understood that they were less likely to come to harm with the VRS than with theapparently unpredictable ABiH units. The continued assurance on the part of theBosnian Serbs to the effect that they did not desire the lives of the UNPROFOR soldiersappeared to be true.’100. Plaintiff notes incidentally that the conclusion drawn by the NIOD Report that the Dutchsoldiers were not in any danger from the Bosnian Serbs is irreconcilable with the laterthreat (that according to the NIOD Report was expressed) to execute the soldiers whowent with the Serbs. According to the NIOD Report it was under the pressure of thatthreat that Close Air Support was suspended a few days later. Whatever the reason forthe suspension of the Close Air Support, this appraisal of the intentions of the BosnianSerbs by Dutchbat and the State of the Netherlands would take a dramatic turn in a few© Van Diepen Van der Kroef Advocaten 2007www.vandiepen.com51