Writ of summons - Van Diepen Van der Kroef

know what Dutchbat itself would do to overcome the situation. Dutchbat CommanderKarremans, however, considered his troops to be ‘too good to be sacrificed’ (see pages286 and 287 of the NIOD Report).104. General Nicolai informed the Serbs that UNPROFOR considered the actions of the VRSas an attack on the Safe Area. He also acknowledged that the VRS used heavy weapons,while the heavy weapons of the Bosniacs had been collected in and then stored in theWeapon Collection Point. Nicolai warned the VRS that attacks on a blocking positionwould have serious consequences and that Close Air Support would be deployed (seepage 2151 of the NIOD Report). It is stated in the NIOD Report on page 2155 that thesetting up of the blocking positions nevertheless posed problems for Dutchbat. TheNIOD concluded in that respect:‘Following the Rules of Engagement could at any moment compel Dutchbat to returnfire and thereby to ‘green’ conduct. The battalion was neither equipped nor trained forthis and it certainly did not have the mindset for such an operation.’105. It follows from the above quotation that the UN and the State of the Netherlandsdispatched an army, whose equipment, training and state of mind was not equipped forits duties. The carrying out of a ‘green’ assignment, that is, an assignment where fightingmight be a possibility, is the essence and raison d’être of an army. Dispatching an armywithout the required means, that cannot and will not fight, is seriously culpable. Plaintiffrefers again to the assessment made by General Janvier on the question of what Frenchsoldiers would have done in the same situation (see the Report of the French Parliament,Part 2, page 123, cited above).Air support and other developments on 9 July 1995106. Air support was repeatedly refused until 9 July 1995 because the conditions for its usewould not have been met. From 9 July 1995 another reason for its refusal was putforward. Aircraft appeared above the enclave at 8.15 hours on that day in response to arequest for Close Air Support. The Air Operations Coordination Centre in Sarajevo wasinformed by Dutchbat that it did not want aircraft over the Safe Area. The Forward Air© Van Diepen Van der Kroef Advocaten 2007www.vandiepen.com53