Ordinary Justice and Traditional Justice Systems
THE NETHERLANDS – BOSNIA AND HERZEGOVINA: UN peacekeeping mission Dutch battalion considered partially responsible for Srebrenica massacre
A Dutch court has ruled that the Government is liable for the killing of more than 300 Bosniak men and boys at Srebrenica in Bosnia-Herzegovina. In July 1995, 300 Bosniaks were killed by Serb soldiers after being expelled from the Potocari compound in Srebrenica by the Dutch UN peacekeeping battalion (Dutchbat). The court considered that Dutchbat did not do enough to protect the men, and should have been aware of the potential for genocide. The relatives of the men will be entitled to compensation. The "Mothers of Srebrenica", the organisation that launched the case and which represents 6.000 relatives out of the 8.000 massacred in Srebrenica, has expressed its disappointment, as the court has only recognised its responsibility over the men that were expelled from the compound, and not those that were sheltered around it. By recognising its responsibility for 300 of the deaths and not 8.000, most of the victims are denied compensation. The decision, on the other hand, questions the immunity of the UN, as it recognises the responsibility of the States to prevent atrocities and their liability for wrongs committed during peacekeeping missions. (BBC, 16/07/2014; Opinio Juris, El País, 17/07/14)