Writ of summons - Van Diepen Van der Kroef
Writ of summons - Van Diepen Van der Kroef Writ of summons - Van Diepen Van der Kroef
the free movement of the Serbs inside the group of refugees, resulted in no more than thenote in the log book of Dutchbat (see page 2687 of the NIOD Report):‘Probably because of a small group of Serbs having a bit of fun.’There was no more than just this note but Dutchbat soldiers later stated that they werewoken at night by the shouting and screaming of women (see page 2687 of the NIODReport).225. Dutchbat indicated to the refugees that they must not go to those places where murderhad been committed (see page 2692 of the NIOD Report). From that it is also clear thatDutchbat was aware of the murders.226. A Dutchbat soldier later stated that he was a witness to two executions on 12 July 1995,which occurred at a distance of 50 to 60 metres from the compound (see page 2693 ofthe NIOD Report).227. It is incomprehensible that Dutchbat did nothing about the humiliations, ill-treatments,rapings and executions among the refugees. A Dutchbat officer expressed it before theYugoslavia Tribunal as follows (see page 2695 of the NIOD Report):‘Everybody acted as he saw fit, with the result that very little or nothing at all wasactually done. The battalion had become completely passive.’Many observed that Dutchbat soldiers cried from distress while they tried to makesomething clear to the refugees in English (see page 2695 of the NIOD Report). Fromthis it may be deduced that the Dutchbat soldiers knew perfectly well what washappening. That appears also for example from the television images where, to thequestion ‘what’s going on?’ (see page 230 of the Dutch Parliamentary Enquiry and page2703 of the NIOD Report), a high-ranking Dutchbat officer replied angrily:‘You know perfectly well what’s going on.’© Van Diepen Van der Kroef Advocaten 2007www.vandiepen.com96
228. Only one Dutchbat officer was moved to a different attitude, which was not so much anattitude that extended to opposition but rather to desisting from the co-operation ofDutchbat with the deportations. This officer was not supported in this by his fellowofficers and superiors and was told that he must leave for the compound (see pages 230and 231 of the Dutch Parliamentary Enquiry). The attitude of Dutchbat with regard tothe deportations reaped international criticism, as will be discussed below.229. Dutchbat soldiers witnessed the fact that passports and/or identity papers were thrown ina pile before a house (the white house) near the compound (see page 336 of theSummary of the NIOD Report). Dutchbat soldiers came across more than one hundredmortally-afraid refugees inside that house. These Dutchbat soldiers later stated thatabsolute mortal fear ruled in that house and that one could smell death there. None ofthis was apparently a reason to raise the alarm. The Yugoslavia Tribunal held in itsDecision at first instance in the case Krstic regarding this pile of identity papers underpoint 160:‘at the stage when Bosnian Muslim men were divested of their identification en masse,it must have been apparent to any observer that the men were not screened for warcrimes. In the absence of personal documentation, these men could no longer beaccurately identified for any purpose. Rather, the removal of their identification couldonly be an ominous signal of atrocities to come.’However obvious the situation must have been for everyone, in the view of theYugoslavia Tribunal, it was apparently unclear for Dutchbat. There was no reporting ofwar crimes and no decisive measures were taken against the Bosnian Serbs. Even more,as will be shown below, some Dutchbat soldiers even worked actively on the separationof the men from the women. Here it may be noted in advance that the word ‘men’ maybe given a very extensive interpretation. Many children, some only twelve years old, ifthey were fortunate were allowed the opportunity to bid their mother farewell beforethey were taken away and murdered.© Van Diepen Van der Kroef Advocaten 2007www.vandiepen.com97
- 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 and 94: statements put in the proceedings a
- Page 95: lying on a wagon. The Dutchbat sold
- 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
- Page 145 and 146: 23 July 1995 (see H. Praamsma, J. P
228. Only one Dutchbat <strong>of</strong>ficer was moved to a different attitude, which was not so much anattitude that extended to opposition but rather to desisting from the co-operation <strong>of</strong>Dutchbat with the deportations. This <strong>of</strong>ficer was not supported in this by his fellow<strong>of</strong>ficers and superiors and was told that he must leave for the compound (see pages 230and 231 <strong>of</strong> the Dutch Parliamentary Enquiry). The attitude <strong>of</strong> Dutchbat with regard tothe deportations reaped international criticism, as will be discussed below.229. Dutchbat soldiers witnessed the fact that passports and/or identity papers were thrown ina pile before a house (the white house) near the compound (see page 336 <strong>of</strong> theSummary <strong>of</strong> the NIOD Report). Dutchbat soldiers came across more than one hundredmortally-afraid refugees inside that house. These Dutchbat soldiers later stated thatabsolute mortal fear ruled in that house and that one could smell death there. None <strong>of</strong>this was apparently a reason to raise the alarm. The Yugoslavia Tribunal held in itsDecision at first instance in the case Krstic regarding this pile <strong>of</strong> identity papers un<strong>der</strong>point 160:‘at the stage when Bosnian Muslim men were divested <strong>of</strong> their identification en masse,it must have been apparent to any observer that the men were not screened for warcrimes. In the absence <strong>of</strong> personal documentation, these men could no longer beaccurately identified for any purpose. Rather, the removal <strong>of</strong> their identification couldonly be an ominous signal <strong>of</strong> atrocities to come.’However obvious the situation must have been for everyone, in the view <strong>of</strong> theYugoslavia Tribunal, it was apparently unclear for Dutchbat. There was no reporting <strong>of</strong>war crimes and no decisive measures were taken against the Bosnian Serbs. Even more,as will be shown below, some Dutchbat soldiers even worked actively on the separation<strong>of</strong> the men from the women. Here it may be noted in advance that the word ‘men’ maybe given a very extensive interpretation. Many children, some only twelve years old, ifthey were fortunate were allowed the opportunity to bid their mother farewell beforethey were taken away and mur<strong>der</strong>ed.© <strong>Van</strong> <strong>Diepen</strong> <strong>Van</strong> <strong>der</strong> <strong>Kroef</strong> Advocaten 2007www.vandiepen.com97
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