Writ of summons - Van Diepen Van der Kroef
Writ of summons - Van Diepen Van der Kroef Writ of summons - Van Diepen Van der Kroef
230. The NIOD took as a starting point that there were some 2,000 men on and around theUN compound between 11 and 13 July 1995 (see page 2620 of the NIOD Report). TheNIOD surmised that of that number that between 100 and 400 men were murdered onthose two days (see page 2774 of the NIOD Report) in the area that, it should be noted,had been declared to be a mini Safe Area. The rest of these men and boys would betaken away and murdered in the days that followed.War crimes observed by UN military observers (UNMOs)231. The three UNMOs (UN military observers) present in the mini Safe Area were alsowitness to war crimes. One UNMO saw on 12 July 1995 that some seventy refugeeswere driven into an ‘interrogation house’ some 300 metres from the gate to thecompound and then periodically heard shots (see page 2700 of the NIOD Report).Another UNMO referred to finding another house in the vicinity of the compound thatbulged with men (see page 2703 of the NIOD Report):‘They stretched out their arms and begged for help. A pile of bodies was stackedagainst a garage wall - higgledy-piggledy. I reported everything.’However, it is striking that no reference to these events is to be found in the relevantReports. Even more striking is that the official picture that was given on 12 July 1995was positive. The VRS had apparently distributed bread and soft drinks among therefugees (see page 2701 of the NIOD Report). That information is also contained in thecommunication of 13 July 1995 (under point 7) of Akashi to Kofi Annan on the situationin Srebrenica (Exhibit 20 - Outgoing Code Cable 13 July 1995). That communicationcontinues (under point 8):‘There continues to be no reports of BSA mistreating any of the Bosnian civilians’232. It is striking that on 15 July 1995 a note would be made in the log book of the DCBC inThe Hague as a result of a telephone call by Dutch officer De Ruiter from Sarajevo,which reads (see page 2705 of the NIOD Report):© Van Diepen Van der Kroef Advocaten 2007www.vandiepen.com98
‘UNMO source about 1,000 men taken away Bratunac with unknown destination, manypeople with neck shots. Worked over with rifle butts. Many killed. Carried on likeanimals (between Potocari and town of Srebrenica). During attack and what happenedafter that!!’The source was probably the Dutch UNMO on the UN compound in Potocari (see page2705 of the NIOD Report).War crimes observed by Médecins Sans Frontières (MSF)233. The war crimes were also seen by a fellow worker of Médecins Sans Frontières (MSF;of which ‘Artsen zonder Grenzen’ is the Dutch equivalent), Mrs Christina Schmitz, whowas working in the Safe Area. She told Karremans and Franken that men were takenaway to a house and that she then heard shots from the direction of that house.Karremans and Franken assured her that they were entirely certain that none of the menwould have been killed (see page 2690 of the NIOD Report). On another occasion MrsSchmitz was tackled by a Dutchbat soldier who said that bodies lay behind a factory (seepage 2669 of the NIOD Report).Plaintiff as witness to war crimes234. Exhibits 1 through 11 are witness statements appended to this writ of summons.Plaintiff will discuss below a number of the crimes that are specified in those statements.235. Plaintiff Fejzić states, inter alia, (see Exhibit 1):‘(…) These Serbs began to fetch people out of the crowd, particularly men, but alsoboys. The Dutch soldiers had weapons but did nothing, even when the Serbs later tookgirls out of the crowd. (…) Not one of them ever returned. While this was going on Iheard much shooting close by. This was not an exchange of fire but individual shots.’236. Plaintiff Gabeljić states, inter alia, (see Exhibit 2):© Van Diepen Van der Kroef Advocaten 2007www.vandiepen.com99
- 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 and 96: lying on a wagon. The Dutchbat sold
- Page 97: 228. Only one Dutchbat officer was
- 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
- Page 147 and 148: (a) (…) encouraging the progressi
‘UNMO source about 1,000 men taken away Bratunac with unknown destination, manypeople with neck shots. Worked over with rifle butts. Many killed. Carried on likeanimals (between Potocari and town <strong>of</strong> Srebrenica). During attack and what happenedafter that!!’The source was probably the Dutch UNMO on the UN compound in Potocari (see page2705 <strong>of</strong> the NIOD Report).War crimes observed by Médecins Sans Frontières (MSF)233. The war crimes were also seen by a fellow worker <strong>of</strong> Médecins Sans Frontières (MSF;<strong>of</strong> which ‘Artsen zon<strong>der</strong> Grenzen’ is the Dutch equivalent), Mrs Christina Schmitz, whowas working in the Safe Area. She told Karremans and Franken that men were takenaway to a house and that she then heard shots from the direction <strong>of</strong> that house.Karremans and Franken assured her that they were entirely certain that none <strong>of</strong> the menwould have been killed (see page 2690 <strong>of</strong> the NIOD Report). On another occasion MrsSchmitz was tackled by a Dutchbat soldier who said that bodies lay behind a factory (seepage 2669 <strong>of</strong> the NIOD Report).Plaintiff as witness to war crimes234. Exhibits 1 through 11 are witness statements appended to this writ <strong>of</strong> <strong>summons</strong>.Plaintiff will discuss below a number <strong>of</strong> the crimes that are specified in those statements.235. Plaintiff Fejzić states, inter alia, (see Exhibit 1):‘(…) These Serbs began to fetch people out <strong>of</strong> the crowd, particularly men, but alsoboys. The Dutch soldiers had weapons but did nothing, even when the Serbs later tookgirls out <strong>of</strong> the crowd. (…) Not one <strong>of</strong> them ever returned. While this was going on Iheard much shooting close by. This was not an exchange <strong>of</strong> fire but individual shots.’236. Plaintiff Gabeljić states, inter alia, (see Exhibit 2):© <strong>Van</strong> <strong>Diepen</strong> <strong>Van</strong> <strong>der</strong> <strong>Kroef</strong> Advocaten 2007www.vandiepen.com99
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