Home > srebrenica massacre > THE DUTCH STATE FAILED IN ITS DUTY TO PROTECT CIVILIAN VICTIMS OF GENOCIDE AT SREBRENICA

THE DUTCH STATE FAILED IN ITS DUTY TO PROTECT CIVILIAN VICTIMS OF GENOCIDE AT SREBRENICA

June 3, 2008
PRESS RELEASE

Amsterdam, 3 June 2008:

Civil action due to be heard at 10 a.m. on 16 June 2008 in the District Court at The Hague (Prins Clauslaan 60, The Hague, Netherlands).

On 16 June 2008 the District Court at The Hague will hear the first civil action brought against the Dutch State by relatives of the victims of genocide at Srebrenica. Hasan Nuhanovic and the family of Rizo Mustafic are seeking to establish that the Dutch state is responsible for the failure of Dutch troops acting under a United Nations mandate to protect their family members massacred at Srebrenica in July 1995.

Hasan Nuhanovic, a U.N. interpreter who lost his father, mother and younger brother, and the family of Rizo Mustafic, an electrician employed by the Dutch battalion of the United Nations Protection Force (UNPROFOR), claim that the Dutch government failed to protect the lives of their relatives after the safe area established by U.N. Security Council Resolution around the town of Srebrenica in Eastern Bosnia was allowed to fall into the hands of the Bosnian Serb Army.

The Nuhanovic and Mustafic families were among thousands of refugees who sought protection inside the compound of the U.N. base at Potocari but were then delivered by the Dutch UNPROFOR forces into the hands of Serb General Ratko Mladic. Dutch soldiers in U.N. blue helmets are alleged to have watched on as women and young girls were taken away and raped and men and boys separated before being taken away for summary execution.

In a tort action against the Dutch state in which much of the legal debate revolves around the division of responsibility between the United Nations and national states, the plaintiffs’ lawyer Liesbeth Zegveld will argue that the Dutch government and the Dutch command within UNPROFOR were responsible for the gross negligence shown by Dutch troops, were primarily concerned for the safety of their national contingent and showed scant regard for the safety of the civilian population entrusted to their care.

The families are concerned above all to establish the truth about why Ibro, Nasiha and Muhamed Nuhanovic and Rizo Mustafic were allowed to go to their deaths in brutal circumstances when the United Nations had promised to ensure their safety.

Contact person:
Prof. Dr Liesbeth Zegveld, Böhler Franken Koppe Wijngaarden (BFKW) , Attorneys, Keizersgracht 560-562, Amsterdam 1017 EM, Tel.: +31 20 – 344 62 00, Fax: +31 20 – 344 62 01, e-mail: info@bfkw.nl

Prof. Dr. Liesbeth Zegveld studied law at Utrecht. She obtained her doctorate with distinction in 2000 and was sworn in as an attorney in Amsterdam the same year. In 2005 she became a partner at Böhler Franken Koppe Wijngaarden, where she is a member of the international law & human rights department. She has written many articles on issues in the field of international humanitarian law. She is a guest lecturer at the University of Amsterdam and a member of the International Law Association’s Committee for Compensation for War Victims. In September 2006 she was appointed professor of International Humanitarian Law, in particular the Rights of Women and Children, at Leiden University.

  1. Martin
    June 3, 2008 at 9:14 pm

    This will be a true test of the role of justice in the Dutch judicial system.
    Anyone who has any doubt about what happened in Srebrenica should read the book “Under the UN flag” which is a very detailed account of the actions and inactions that took place and we are grateful that someone survived to tell the tale.

  2. Vincent Jappi
    June 4, 2008 at 11:41 am

    A book review by Marko Attila Hoare on his blog: rsurbiton.wordpress.com/2008/06/02/

  3. Taras
    June 5, 2008 at 4:28 pm

    May justice be served on those who took care of number one.

  4. Clara
    June 14, 2008 at 1:56 pm

    Thanks for posting this. I study in the Netherlands and I will try to go on Monday. I am from Italy and I am appalled by the revisionist publications on Srebrenica that have been published in recent years in Italy (among which a novel for a big publishing house). I plan to write an article or an essay on this but did not have the time yet, I will keep you posted. Good luck with your extremely important work.

  5. Clara
    June 25, 2008 at 9:48 pm

    Here is the link to the report I have written in Italian on the trial:
    http://www.osservatoriobalcani.org
    /article/articleview/9760/1/51/

  6. Owen
    August 5, 2008 at 10:29 am

    Thanks for that very informative article, Clara.

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