Writ of summons - Van Diepen Van der Kroef

military predominance of the Bosnian Serbs, given that the ABiH had divested itself ofits heavier weapons to the UN troops. The destruction of the tanks would without doubthave brought the Serb advance to a halt.Events on 11 July 1995129. Dutchbat drew upon 11 July 1995 around 04.00 hours, in consultation with the SectorNorth East, a list of 40 targets which were to be attacked by airstrikes at 06.50 hours.However, this did not happen (see number 298 of the UN Report), which Plaintiff findsincomprehensible.130. Dutchbat again requested Close Air Support on 11 July 1995 around 8.00 hours.Dutchbat heard for the umpteenth time from Dutch General Nicolai in Sarajevo inresponse to its request that the conditions had not been met because Dutchbat had notbeen attacked and the town was not under fire (see page 2226 of the NIOD Report). Thatreasoning was incorrect and incomprehensible and can only be explained by the evidentdisinclination to permit Close Air Support. Indeed, the Safe Area had been attacked forfive days and observation post after observation post had been captured. There weremany dead and injured under the civilian population that was to have been protected.The Bosnian Serbs had taken a number of Dutch soldiers hostage, which in itself shouldhave been reason to intervene. The facts show that the conditions for Close Air Supporthad been met. That is also admitted in retrospect by the UN, as will be extensivelydiscussed below. For now Plaintiff reproduces here the central consideration on thismatter of the UN Report (under number 480):‘Even in the most restrictive interpretation of the mandate the use of close air supportagainst attacking Serb targets was clearly warranted.’131. Karremans submitted another request for Close Air Support around 10.00 hours on thatday. The request only included a single target, namely, a tank south of Srebrenica (seepage 2226 of the NIOD Report). According to Dutch Colonel Brantz, the request shouldhave been submitted in writing, a formal position that was greeted by Dutchbat withamazement. It was the task of the responsible staff officer in Sarajevo, according to© Van Diepen Van der Kroef Advocaten 2007www.vandiepen.com62