'Netherlands Liable in Srebrenica Case’
THE HAGUE, Saturday - The death of three Muslim men following the fall of Srebrenica in 1995 can be imputed to the Netherlands, said the Solicitor-General of the Supreme Court Friday in advice to the Netherlands’ highest court.
The State appealed to the Supreme Court after an appeal court earlier ruled that it was liable for the death of the men. The Solicitor-General has now advised the Supreme Court to reject this appeal. The Supreme Court will likely give its verdict on 6 September.
The lawyers of the State argued that only if the Netherlands had gone in with its own instructions against the instructions of the UN could the State have been responsible for behaviour or negligence of the Dutch military. But according to the Solicitor-General, the UN no longer had effective control over Dutchbat (the Dutch UN troops) after the fall of Srebrenica, as a result of which the behaviour of the Dutch military came under the responsibility of the Dutch State.
The case was brought by Hasan Nuhanovic, an interpreter for the Dutch UN troops, and the family of the murdered electrician for Dutchbat, Rizo Mustafic. Nuhanovic lost his father and his brother. The victims were sent from the Dutchbat compound, fell into the hands of the Bosnian Serb army and were murdered. The Dutch battalion turned out to be unable to protect the enclave. At least 7,000 Muslim men and boys were killed.