Writ of summons - Van Diepen Van der Kroef

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have looked somewhere else. The victim was then dragged away by his hair behind ahouse. The Dutchbat soldier heard a shot a few seconds later. After that the VRSsoldiers returned without the man (see page 2269 of the NIOD Report).216. One Dutchbat soldier saw on 13 July 1995 a refugee on his knees, with Serbs besidehim. VRS soldiers took the violently struggling man away, out of the field of vision ofthe Dutchbat soldier. Immediately thereafter there sounded screams and a shot. The VRSsoldiers returned and shook hands with the other Serbs (see page 2675 of the NIODReport).217. Plaintiff refers further to a statement by a Dutchbat soldier who saw how men aged 16-60 years old were taken off in groups of 10-15 to a house diagonally across from the busdepot (which itself stood directly opposite the main entrance of the UN compound),where, according to VRS soldiers, these men would be questioned. A quotation on thismatter from the NIOD Report (see page 2676 of the NIOD Report):‘The whole group subsequently came out of the house again. Sometimes they released afew men who could prove they had been farmers and nothing else. The others thenwalked with the above mentioned VRS soldiers behind the house. He said that he thenheard shots, after which he saw the VRS soldiers come back again, alone. This patternwas repeated several times during those two days, July 12 and 13.’218. Another Dutchbat soldier saw on 12 July 1995 a VRS soldier enter a house with fiverefugees. Then he heard five to six shots and saw the armed VRS soldier come out of thehouse alone (see page 2680 of the NIOD Report).219. It emerges from another statement of a Dutchbat soldier that possibly ten refugees wereshot dead on 12 July 1995, the corpses being taken away by truck (see page 2682 of theNIOD Report).220. That there were mass murders of refugees in the mini Safe Area also emerges from theobservation of a Dutchbat soldier who saw on 17 or 18 July 1995 some hundred corpses© Van Diepen Van der Kroef Advocaten 2007www.vandiepen.com94
lying on a wagon. The Dutchbat soldier saw arms and legs, and also heads with long hair(see page 2683 of the NIOD Report).221. Another Dutchbat soldier tells of a massacre that he had seen during a cleansing by theVRS of the southern sector of the Safe Area. He saw how village after village wasplundered and destroyed and the inhabitants forced to flee. Men and women weremurdered in that action (see page 2683 of the NIOD Report).222. A crew member of observation post S (OP-S) stated subsequently that at various timeson 8 July 1995 he had heard loud shouts and cries of fear coming from women. Thislasted for fifteen minutes, when the noise suddenly stopped. This was repeated for aperiod of hours. Shots were also heard. The OP crew gathered the impression that theVRS was sweeping the entire edge of the woods and that they killed everyone theyencountered. When the OP was captured by the VRS the following day, this Dutchbatsoldier asked the VRS what had been going on the previous evening. The answer wasthat men had first raped the women and then cut their throats (see page 2684 of theNIOD Report).223. A Dutchbat soldier later stated anonymously that he had not wanted to experience whathe had experienced and that he did not want to remember it anymore. There weretorturings, executions and massacres (see page 2684 of the NIOD Report).224. Many rapes occurred in the mini Safe Area during the period 11 to 13 July 1995.Dutchbat was also witness to that. It emerges from a statement made before theYugoslavia Tribunal that two Dutchbat soldiers were witness to the raping of a womanby two Serbs in the night of 12 to 13 July 1995. It transpired that those Serbs woreDutch uniforms. Besides the fact that the rape was not reported, no report was madeeither of the fact that those Serbs made unauthorised use of internationally recognisedsymbols and badges and insignia, in this case the uniform of the UN (see page 2686 ofthe NIOD Report). Both the rape and the unlawful use of the uniform were explicitlylisted in the examples given by Standing Operating Procedure 208, and somehow areport should have been made thereof. The wave of panic brought about by the rapes and© Van Diepen Van der Kroef Advocaten 2007www.vandiepen.com95
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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
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30. To reiterate here, the question
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UN and the State of the Netherlands
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Brigade. In addition, the State of
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43. The choice in favour of deploym
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The government parties replied to t
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population during the training as
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Potocari/Srebrenica. This chain of
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63. As appears from the above, and
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eference to the failure to act of D
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‘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 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: statements put in the proceedings a
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
Page 137 and 138: weapons of the VRS, or at least to
Page 139 and 140: consequence that the VRS could depl
Page 141 and 142: 326. Instead of taking action from
Page 143 and 144: ‘(…) 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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