Dutch liable for Balkan massacre
Peacekeepers turned away Muslims killed at Srebrenica
ADUTCH appeals court yesterday confirmed that the Netherlands was partly liable for the deaths of about 300 Muslim men and boys who were expelled from a Dutch UN base after the surrounding area was overrun by Bosnian Serb troops.
The ruling by the Hague Appeals Court upholds a 2014 decision that Dutch peacekeepers should have known that the men seeking refuge at the base near Srebrenica would be murdered by Bosnian Serb troops if they were forced to leave – as they were.
States participating in UN peacekeeping missions have rarely faced legal action over their performance.
Lenneke Sprik, an international security lecturer at Amsterdam’s VU University, said the ruling was “very important for future peacekeeping missions and the law on state responsibility”. She said the decision might deter countries from contributing peacekeeping troops to future missions.
About 8000 Muslim men and boys were killed by Bosnian Serb troops under the command of former General Ratko Mladic at Srebrenica in July 1995, the worst mass killing in Europe since World War II.
Many of the Muslim victims had fled to the UN-declared “safe zone” in Srebrenica, only to find the outnumbered and lightly armed Dutch troops there unable to defend them. They then headed to the nearby Dutch base.
Reading the complex ruling, Presiding Judge Gepke Dulek-Schermers said the Dutch soldiers “knew or should have known that the men… were in real danger of being subjected to torture or execution”.
The ruling relates only to the 300 men who had sought safety on the Dutch-controlled base.
In a departure from the earlier ruling, it said the Netherlands should pay only 30% of damages, as it estimated the odds at 70% that the victims would have been dragged from the base and killed, regardless of what the Dutch soldiers did.
The Dutch government resigned in 2002 after acknowledging its failure to protect the refugees, although the Netherlands maintains that the Bosnian Serbs, not Dutch troops, bear responsibility for the killings. Mladic is on trial for genocide, with a verdict expected this year.
The court rejected an appeal from relatives of other Srebrenica victims, who argued the Dutch government should be held responsible for the protection of thousands more Muslims who had gathered outside the base.