Dayton Daily News

Court: Netherland­s 10% liable in Srebrenica deaths

- Palko Karasz

LONDON — The Dutch Supreme Court on Friday upheld a decision that the Netherland­s was partly responsibl­e for the deaths of 350 Muslim men during the 1995 Srebrenica massacre, but it slashed the level of liability for the Dutch government that was establishe­d in an earlier ruling.

An estimated 8,000 Muslim men and boys were killed by Bosnian Serb paramilita­ries after the storming of Srebrenica — a then mostly Muslim town in what is now the semiautono­mous Serb region of Bosnia and Herzegovin­a — under the noses of Dutch peacekeepi­ng troops assigned by the United Nations to protect it. The massacre was the worst in Europe since World War II.

In a summary of the judgment posted online, the court said it accepted the state’s liability for damages suffered by the surviving relatives of 350 men who were ordered by Dutch troops to leave the peacekeepe­rs’ compound two days after the town was taken and said they could claim compensati­on.

But it limited that liability to 10%, a significan­t reduction from a 2017 court ruling by a Dutch court that establishe­d the state’s responsibi­lity at 30%, meaning that the amount of damages that can be claimed from the Dutch government was similarly diminished.

This was the final ruling in a lawsuit brought by the Mothers of Srebrenica, an advocacy group for families of victims. Both parties in the case had appealed the 2017 decision to uphold a landmark 2014 judgment that first establishe­d the government’s liability, with the caveat that the victims would have had a 70% chance of being killed without wrongful action from the Dutch peacekeepe­rs, a lightly armed force of fewer than 400.

Bosnian Serb forces under Ratko Mladic stormed the town of Srebrenica on July 11, 1995, compelling approximat­ely 25,000 people to take refuge with Dutchbat, a battalion from the Netherland­s that had been on a United Nations peacekeepi­ng mission in the region.

The United Nations and the Netherland­s decided to evacuate the refugees from a safe area guarded by Dutchbat, because of appalling conditions, the court said. From that point, the troops stopped acting under the responsibi­lity of the United Nations, and the Dutch state was responsibl­e for their actions.

That included evacuating 350 men and boys who had been concealed in the Dutch compound, out of sight of the Bosnian Serb forces.

“Dutchbat failed to offer these 350 male refugees the choice to stay where they were, even though that would have been possible,” the court said. “That was wrongful, because Dutchbat knew that the male refugees were in serious jeopardy of being abused and murdered by the Bosnian Serbs, and all possible action should have been taken to prevent such an outcome.”

The ruling, with its clinical reliance on math and percentage­s, outraged some family members. “What do they mean with 10% liability?” Asim Salihovic, who had 40 relatives killed at Srebrenica, told The Associated Press. “As if 10% of us lived here?”

The 350 men ordered out of the compound became subject to the same treatment as the others by the Bosnian Serb paramilita­ries. They were separated from the women, led to fields with their hands bound and shot.

The bodies were dumped into mass graves and scattered around to conceal evidence, and the exhumation and burial of new bodies has continued for decades after the killings, with growing rows of white tombstones at the Srebrenica-Potocari memorial.

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 ?? THE NEW YORK TIMES 2016 ?? Relatives stand around the coffins of victims of the 1995 Srebrenica massacre in Potocari, Bosnia. The Dutch Supreme Court has upheld a decision that the Netherland­s was partly responsibl­e for the deaths.
THE NEW YORK TIMES 2016 Relatives stand around the coffins of victims of the 1995 Srebrenica massacre in Potocari, Bosnia. The Dutch Supreme Court has upheld a decision that the Netherland­s was partly responsibl­e for the deaths.

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