Writ of summons - Van Diepen Van der Kroef
Writ of summons - Van Diepen Van der Kroef Writ of summons - Van Diepen Van der Kroef
impression among the refugees that they were safe. It follows from the statements, whichPlaintiff will consider below, that false hopes were held out to the refugees.195. Plaintiff Fejzić states (see Exhibit 1):‘Those soldiers told us in English and in Dutch that we did not need to be afraid andthat there would be negotiations about our return to Srebrenica. The words that werespoken in Dutch were translated by my son. He had taught himself some Dutch throughcontacts with the soldiers during the preceding year and a half.’196. Plaintiff Hasanović states (see Exhibit 4):‘The Dutchbat soldiers told us on the morning of 12th July 1995 that the women andchildren would be taken to Tuzla. A woman next to me asked a Dutchbat soldier whatwould happen to us. The Dutchbat soldier had an interpreter with him. He answered us– through the interpreter – that we were safe and that there was no reason to beafraid.’197. Plaintiff Hotić states (see Exhibit 5):‘The Dutchbat soldiers then ran a tape around the compound and through interpreterswith megaphones said: “Whoever is inside this circle, is safe. Outside the circle wecannot guarantee people’s safety.” They also said to us: “Do not panic. You areprotected, but only within this circle.” I heard that myself.’198. Plaintiff Šehomerović states (see Exhibit 8):‘My husband and I were shocked at what we found in Potočari when we arrived there.There were unbelievable numbers of people who had collected around the compound atPotočari. The people had fled to Potočari because they thought they would be safethere. They were invited to do so by the Dutch soldiers who had told them that theymust go to the compound and that they would there be helped and protected. The Dutch© Van Diepen Van der Kroef Advocaten 2007www.vandiepen.com86
soldiers let that be known when they withdrew from the observation posts. The peoplewith whom I spoke all had the same or comparable experiences.We could not enter the base where the Dutch soldiers were when we arrived inPotočari. They told us that no-one else could enter the base. The people asked theDutch soldiers what would now happen to them. They were told that they had no needto be concerned. They spoke in English with each other. I could not understand that butit was translated for me. People were very, very scared, but the Dutch soldiers keptrepeating that there was no problem, that they were there for them.My husband and I were at that time near the factory of Energo Invest opposite theDutch compound. We were not allowed in the compound. The Dutch soldiers werearmed and did not allow anyone in. My husband asked the Dutch soldiers why we hadto come here if no-one was to be allowed in. It seemed to us that there was still enoughroom to allow people in. Our entreaties had absolutely no effect. I do not know whetherthe Dutch soldiers understood my husband. Despite the fact that it was difficult to havea complete view of the area, I yet had the feeling that many thousands could still haveentered the compound. None of us was expecting a bed or a room just as long as wecould go into the safe area of the compound. At the same time we heard from thesoldiers that everything would be fine. They said: “We are here, no problem, noproblem.”’199. Plaintiff Subašić states (see Exhibit 9):‘We were, however, assured that we would be safe at the UN base.’(…)On the way, in the neighbourhood of the small UN base, a former embroidery factory,the Dutch soldiers said that the men who wanted to could go to the woods, and to thosewho wanted to go to Potočari they would guarantee their safety. Because we heard thatthe Dutch soldiers guaranteed safety, my husband and son, Nermin, did not want toleave me behind and so we carried on together.© Van Diepen Van der Kroef Advocaten 2007www.vandiepen.com87
- 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 and 74: population: medical matters (Dutchb
- Page 75 and 76: OP-N161. The capture of OP-N is des
- 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: 193. It is incomprehensible that Du
- 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
- Page 125 and 126: Subašić282. Plaintiff Subašić w
- Page 127 and 128: IILegal characterisationIntroductio
- Page 129 and 130: the United Nations, Advisory opinio
- Page 131 and 132: 302. The UN and the State of the Ne
- Page 133 and 134: acting arise, respectively). In add
- Page 135 and 136: of the Safe Area and was not immedi
impression among the refugees that they were safe. It follows from the statements, whichPlaintiff will consi<strong>der</strong> below, that false hopes were held out to the refugees.195. Plaintiff Fejzić states (see Exhibit 1):‘Those soldiers told us in English and in Dutch that we did not need to be afraid andthat there would be negotiations about our return to Srebrenica. The words that werespoken in Dutch were translated by my son. He had taught himself some Dutch throughcontacts with the soldiers during the preceding year and a half.’196. Plaintiff Hasanović states (see Exhibit 4):‘The Dutchbat soldiers told us on the morning <strong>of</strong> 12th July 1995 that the women andchildren would be taken to Tuzla. A woman next to me asked a Dutchbat soldier whatwould happen to us. The Dutchbat soldier had an interpreter with him. He answered us– through the interpreter – that we were safe and that there was no reason to beafraid.’197. Plaintiff Hotić states (see Exhibit 5):‘The Dutchbat soldiers then ran a tape around the compound and through interpreterswith megaphones said: “Whoever is inside this circle, is safe. Outside the circle wecannot guarantee people’s safety.” They also said to us: “Do not panic. You areprotected, but only within this circle.” I heard that myself.’198. Plaintiff Šehomerović states (see Exhibit 8):‘My husband and I were shocked at what we found in Potočari when we arrived there.There were unbelievable numbers <strong>of</strong> people who had collected around the compound atPotočari. The people had fled to Potočari because they thought they would be safethere. They were invited to do so by the Dutch soldiers who had told them that theymust go to the compound and that they would there be helped and protected. The Dutch© <strong>Van</strong> <strong>Diepen</strong> <strong>Van</strong> <strong>der</strong> <strong>Kroef</strong> Advocaten 2007www.vandiepen.com86