Writ of summons - Van Diepen Van der Kroef

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NIOD Report).OP-R156. The Dutchbat soldiers of OP-R handed over their weapons and left the OP on 12 July1995. The VRS transported the crew to the Dragan bunker located 500 metres away.That all happened rather good-naturedly (see pages 2251 and 2252 of the NIOD Report).OP-Q157. OP-Q was captured on 12 July 1995 likewise without the VRS needing to use force. TheDutchbat soldiers there were taken hostage and the weapons and equipment captured(see page 2252 of the NIOD Report).OP-P158. Then the crew of OP-P surrendered on 12 July 1995 because that OP was ‘surrounded bytanks and infantry’. The crew were not taken hostage. The VRS did take the APC (anadvanced infantry fighting vehicle) that they found at this OP. The driving lessons thatthe Dutch crew of this OP had given the Serbs on this vehicle came in very handy (sic!)(see pages 2252 and 2253 of the NIOD Report).OP-C159. OP-C was abandoned also on 12 July 1995. The Serb troops adopted a friendly attitudeand tried to put the Dutchbat soldiers at their ease but the VRS also made it clear thatthere was little time to spare (see page 2254 of the NIOD Report).OP-A160. OP-A was abandoned by Dutchbat on 15 July 1995. The crew of the OP had seen howthe VRS had cleansed the Bosniac village of Mušići on 11 and 12 July 1995. The crewfinally approached the VRS positions under a white flag on 15 July 1995. VRS soldiersbrought the group to the village of Mušići, where they were fed by the VRS. The crewspent the night in a school where the VRS was also billeted. The crew did not observethe presence of any Bosniacs. The crew were able to return to the UN compound throughBratunac on 16 July 1995 (see pages 2255 and 2256 of the NIOD Report).© Van Diepen Van der Kroef Advocaten 2007www.vandiepen.com74
OP-N161. The capture of OP-N is described on pages 2256 and 2257 of the NIOD Report. In theafternoon of 12 July 1995 the crew of OP-N saw the VRS plunder the village of Čizmićiand set the houses alight. Then the OP crew saw about twenty VRS soldiers,accompanied by two cows and three horses, climb the hill on which the OP stood. Theyheld their weapons aloft as a sign that they intended no harm. One VRS soldierbeckoned the crew to come outside to open the gate. The OP Commander set out withhis weapon aloft, together with a soldier who opened the gate. The VRS asked about thepresence of ABiH soldiers and whether there were mines. When both questions wereanswered in the negative, the VRS entered the OP area whereupon the crew went outsideand laid their weapons on the ground. The student who acted as an interpreter for theBosnian Serbs told them that they would be well treated but had to have patience.During this VRS operation the crew was in constant communication with its ownCompany Commander. There was no question of any actual threatening of Dutchbatsoldiers (see page 2257 of the NIOD Report):‘The VRS military did not appear to be malicious but they did take everything theywanted, both military as well as personal things.The OP crew felt as if they were madeprisoners of war, and they were evacuated in the APC accompanied by two VRS soldiers.(...) The Dutchbat soldiers were not treated badly’.OP-M162. OP-M was fired upon, primarily with mortars, by the VRS on 6 and 8 July 1995. TheCommander of the OP was given permission after his repeated request to ‘leave’ the OP.The crew later returned. The crew received the order above all not to fight back. Insteadof devoting itself to the defence of the OP the crew was ‘troubled over the question ofhow to get away from there’. The crew finally abandoned the OP on 11 July 1995 to theanger of the refugees in the vicinity and the ABiH. The population of the nearby villageof Jaglići saw that the OPs were abandoned and fled with the Dutchbat soldiers in thedirection of the UN compound in Potočari. The crew arrived there with some 3,000 to4,000 refugees. The flight proceeded very chaotically. Possibly there were some refugees© Van Diepen Van der Kroef Advocaten 2007www.vandiepen.com75
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WRIT OF SUMMONSDISTRICT COURT, THE
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IN ORDER:on Wednesday, thetwo thous
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- every request by the inhabitants
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8. The fate of the civilian populat
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IV Tender of evidence 446I Facts5.
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NIOD. This Report is referred to as
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12. The Yugoslav People’s Army (o
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‘Prior to departing, he addressed
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- UN resolution 816 (31 March 1993)
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No. 4:Decides to ensure full respec
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…Should UNPROFOR’s presence pro
Page 23 and 24: 30. To reiterate here, the question
Page 25 and 26: UN and the State of the Netherlands
Page 27 and 28: Brigade. In addition, the State of
Page 29 and 30: 43. The choice in favour of deploym
Page 31 and 32: The government parties replied to t
Page 33 and 34: population during the training as
Page 35 and 36: Potocari/Srebrenica. This chain of
Page 37 and 38: 63. As appears from the above, and
Page 39 and 40: eference to the failure to act of D
Page 41 and 42: ‘I have been directed, today 29 M
Page 43 and 44: leaders (Milosevic, Karadzic and Ml
Page 45 and 46: observation post was not carried ou
Page 47 and 48: attack on the Safe Area on 6 July 1
Page 49 and 50: single shot being fired and OP-F wa
Page 51 and 52: immediate and robust reaction Nicol
Page 53 and 54: know what Dutchbat itself would do
Page 55 and 56: that the enclave was continuously e
Page 57 and 58: ‘You are to use all means at your
Page 59 and 60: Commander therefore gave the order
Page 61 and 62: he proposed to have Karremens arres
Page 63 and 64: Brantz, to establish that there was
Page 65 and 66: officers and the State of the Nethe
Page 67 and 68: had any purpose to go ahead with th
Page 69 and 70: Voorhoeve (see also number 307 of t
Page 71 and 72: y VRS soldiers in Dutch uniform and
Page 73: population: medical matters (Dutchb
Page 77 and 78: Brantz (Tuzla)↕Karremans, Franken
Page 79 and 80: ‘The first line of resistance to
Page 81 and 82: 180. Plaintiff Mujić states (see E
Page 83 and 84: The flight to the UN compound189. D
Page 85 and 86: 193. It is incomprehensible that Du
Page 87 and 88: soldiers let that be known when the
Page 89 and 90: Other points concerned forced evict
Page 91 and 92: ‘On 12 and 13 July 1995, upon the
Page 93 and 94: statements put in the proceedings a
Page 95 and 96: lying on a wagon. The Dutchbat sold
Page 97 and 98: 228. Only one Dutchbat officer was
Page 99 and 100: ‘UNMO source about 1,000 men take
Page 101 and 102: night-time. I did not dare to leave
Page 103 and 104: 239. Plaintiff Hotič states (see E
Page 105 and 106: People had no food or water, nor we
Page 107 and 108: During all of this the Dutch soldie
Page 109 and 110: group and they were raped. I was ve
Page 111 and 112: four or five Dutchbat soldiers were
Page 113 and 114: shocked by what he had evidently se
Page 115 and 116: follows:‘An alternative position
Page 117 and 118: ‘We were deported to Tuzla later
Page 119 and 120: I arrived at the barrier shortly th
Page 121 and 122: encountered objections from the Dut
Page 123 and 124: 277. Plaintiff Hasanović was born
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Subašić282. Plaintiff Subašić w
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IILegal characterisationIntroductio
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the United Nations, Advisory opinio
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302. The UN and the State of the Ne
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acting arise, respectively). In add
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of the Safe Area and was not immedi
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weapons of the VRS, or at least to
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consequence that the VRS could depl
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326. Instead of taking action from
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‘(…) I had spent days lying on
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23 July 1995 (see H. Praamsma, J. P
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(a) (…) encouraging the progressi
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‘Article 3 - General Principles1.
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control of UNPROFOR from the moment
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‘The presumption can be rebutted
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ecame entwined. In his view, it was
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Conventions obliges the Contracting
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Article 8 of the ILC Articles for I
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- secondly, it was evident that the
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international customary humanitaria
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civilians, deportation and murder.
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‘(…) confirm that Article I doe
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also be assessed by legal criteria,
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‘(14) UNPROFOR had participated a
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under customary law. A duty on stat
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and the State of the Netherlands ac
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for International Organisations com
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‘(c) Provide those who claim to b
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the State of the Netherlands must p
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of the Netherlands. The UN and the
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‘militairement avait mal conduit.
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UN but also to the purposes that ar
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possible immunity on the part of th
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‘The United Nations shall make pr
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‘In spite of this provision of th
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THEREFORE:If it pleases the Court t
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Writ of summons - Van Diepen Van der Kroef

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