Srebrenica Ruling: Dutch Judge Finds Peacekeepers Liable For 300 Deaths

A Dutch court has issued a landmark ruling in regards to its troops’ role in one of the worst massacres in European history.

On Wednesday, the judge issued the decision about the Srebrenica massacre, writing :

“The state is liable for the damages suffered…as a result of [the Dutch peacekeepers] cooperation with the deportation of male refugees from the compound… who in the afternoon of 13 July 1995 were deported and killed by the Bosnian Serbs.”

During the Bosnian War — from 1992 to 1995 —the town of Srebrenica was declared a United Nations safe zone. Seeking protection from Bosnian Serb forces, thousands of ethnic Muslim crowded into the area.

However, in July 1995, the garrison of 400 UN-sanctioned Dutch troops surrendered to Serbian forces. The Dutch forces then handed over the Muslim men and boys who were in their protection. They were then forced onto trucks, transported elsewhere, and summarily executed by Bosnian Serb forces. By the end of the week, about 8,000 Muslims were dead.

Now, the Dutch court’s Srebrenica ruling suggests that Dutch peacekeepers were responsible for at least 300 of those deaths.

The ruling states, that Dutch forces:

“Should have taken into account the possibility that these men would be the victim of genocide… It can be said with sufficient certainty that, had the [Dutch peacekeepers] allowed them to stay at the compound, these men would have remained alive.”

Survivors of the Srebrenica massacre said the United Nations was complicit in the genocide. When the families of the Srebrenica victims initially filed their lawsuit in 2007, they sought to hold both the UN and the Dutch government accountable.

However, the Dutch High Court ruled out that possibly, saying the UN holds “absolute immunity.” Now with the Srebrenica ruling, it is only the government of the Netherslands that has been found at fault. The landmark ruling could have wide ranging implications for international law.

Jozef Rammfelt, a Dutch expert in international law, told the BBC:

“This set an important precedent that countries providing troops for [United Nations] peacekeeping operations can be held legally responsible for their actions. Other states around the world will have to take note and I imagine they will think twice about their legal liabilities”.

The massacre at Srebrenica is considered the worst in Europe since the Holocaust. The former Secretary General of the UN, Kofi Annan, has described the massacre as one of the darkest chapters in UN history.

Following the Srebrenica ruling, relatives of the victims will be compensated by the Dutch government, though it is unclear how much each family will receive.

[Image source: Martijn Munneke]