Appeals court finds Dutch responsible for Srebrenica massacre victims

By Polly Johnson
Senior Desk Officer, Europe

THE HAGUE, Netherlands – In a landmark ruling, a Dutch appeals court in The Hague ruled on Tuesday that the Dutch state was responsible for the deaths of three Bosnian Muslim men in the infamous 1995 Srebrenica massacre.

An appeals court ruling could have far-reaching implications for victims of the Srebrenica massacre who wish to bring suit against the Dutch government (1995 File Photo Courtesy of Voice of America).
An appeals court ruling could have far-reaching implications for victims of the Srebrenica massacre who wish to bring suit against the Dutch government (1995 File Photo Courtesy of Voice of America).

Analysts have called the ruling historic and a possible floodgate for future compensation claims for victims of the Srebrenica massacre. The court ordered the Dutch government to pay compensation to the dead men’s relatives.

The three Bosnian Muslims became members of the Dutch peacekeeping group known as “Dutchbat” in July 1995 and took shelter in the Dutchbat-run United Nations “safe” compound on July 11, 1995.  When Bosnian Serbian troops under the command of General Ratko Mladic invaded the compound, Dutch peacekeepers turned the three Bosnian Muslim men over to Mladic’s troops. They, along with more than eight thousand Bosnian Muslim men and boys, were subsequently rounded up and shot, marking the deadliest European massacre since World War II.

The appeals court has now ruled that the Dutch peacekeepers were wrong to turn the three men over to Mladic’s forces, and more, that the Dutch state bore responsibility for their deaths. Now, the court ruled, the government must pay damages to the victims’ next-of-kin.

The ruling renewed an age-old debate regarding the Dutch role in the Srebrenica slaughter and to what extent the Dutch peacekeepers could have prevented the massacre. The discussion has been amplified since the capture and arrest of General Mladic, who is currently awaiting trial at The Hague on charges of crimes against humanity and genocide related to his role at Srebrenica.

Relatives of the victims praised the court’s decision, which overturned a previous decision by the Netherlands ruling that the state was not responsible for the deaths because the Dutchbat was operating under a UN mandate.

“This ruling is a very good thing. It certainly paves the way that the Dutch state be also proclaimed responsible for what has happened in Srebrenica, for other victims also,” said Sabaheta Fejzic, whose husband and son were killed at Srebrenica and who is a part of the Mothers of Srebrenica association.

“The fact that the state is finally held responsible for this act of cowardice is some little relief,” Fejzic said.

The case was brought by relatives of Rizo Mustafic, who worked as an electrician for the Dutchbat, and by Hasan Nuhanovic, an intepreter who lost his father and brother at Srebrenica.

For more information, please see:

ABC News – Dutch found responsible for Srebrenica deaths – 5 July 2011

BBC – Dutch state ‘responsible for three Srebrenica deaths’ – 5 July 2011

Independent – Dutch state admits responsibility over Srebrenica deaths – 5 July 2011

Irish Times – Netherlands ruled at fault over three Srebrenica deaths – 5 July 2011

Author: Impunity Watch Archive