New arguments for Srebrenica case against Dutch state

There might be a chance that the Dutch state can be held responsible for the Srebrenica massacre. Willem of Genugten, professor of International Law at Tilburg University, said this in Dutch daily newspaper De Volkskrant yesterday.

On Tuesday, the court of appeal in The Hague ruled that the Netherlands were responsible for the deaths of three Muslim men during the presence of Dutch UN peacekeepers in Srebrenica.  The case against the Dutch state was brought by relatives of the victims in 2002.

The court said in its ruling that even though the Dutch force, Dutchbat, was operating under a UN mandate in the Bosnian enclave when Bosnian Serb forces overran it in 1995, it was under ‘effective control’ of government officials in The Hague. The Dutch therefore should have known that the men, who were handed over to Bosnian Serb forces, ‘were at great risk of being killed if they were to leave the compound’.

Even though the appeal court has only ruled on one specific situation, the ruling may offer opportunities for another Srebrenica case against the Dutch state, according to Van Genugten. This case is brought by the Mothers of Srebrenica, a group of six thousand relatives of murdered sons, men and brothers who were outside the Dutchbat compound.

“The Dutch state interfered with the entire evacuation. If I were the lawyer of the 6000 relatives, I would study the court ruling thoroughly. It contains useful arguments “, is Van Genugten’s advice in De Volkskrant. At the same time, he warns that the families of the victims should not be given too much hope, as “it may only cause more frustration and sorrow.”

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