UN Immunity for Srebrenica Massacre Upheld

By Kenneth F. Hunt
Impunity Watch Reporter, Europe

THE HAGUE, Netherlands – A Dutch appellate court ruled today that the United Nations has immunity against claims brought by family members of genocide victims for failure to protect Bosnians during the notorious Srebrenica massacre in 1995.

Mothers of Srebrenica, the victims’ rights group suing on behalf of family members of the victims, brought the claim in 2007. The allegation was that Dutch troops sent by the UN to protect the Srebrenica safe haven in Bosnia during the 1992-1995 Bosnian War failed to protect the 8,000 some Muslim boys and men killed during the massacre.

Mothers of Srebrenica argued that the UN and Netherlands should be held responsible, particularly emphasizing UN responsibility for failing to adequately assess the forces necessary to prevent genocide. In fact, the United Nations has admitted error in handling the Srebrenica episode, confessing in 1999 that it expected the small force of 100 troops to be effective in preventing genocide.

In holding that the UN had immunity from prosecution, the court affirmed a 2008 Dutch trial court decision that held that “in international law and practice, the absolute immunity of the UN is the norm and is respected.” The court on Tuesday emphasized that UN immunity is a principle implied in both the UN’s founding conventions and in essential for UN peacekeeping missions going forward.

The decision indicates that the court was sympathetic to the fact “that the mothers and their relatives have suffered atrocities”, but noted that the interests in favor UN immunity outweighed the interests in redressing these wrongs. The court said that the victims can seek further redress against the Netherlands, however.

Axel Hagedorn, an attorney for Mothers, felt that the court should have submitted the case to the European Court of Justice for further deliberation. He told the press that the case extends “far beyond the interest of the Mothers of Srebrenica. This case is all about fundamental European rights.” As such, Mr. Hagedorn said that Mothers will appeal the decision seek redress against the UN from the ECJ.

For more information, please see:

CNN – Court: Srebrenica women cannot sue U.N. – 30 March 2010

DUTCH NEWS – Dutch court upholds UN Srebrenica immunity – 30 March 2010

RADIO NETHERLANDS – Dutch court upholds UN, Dutch immunity in Srebrenica case – 30 March 2010

Author: Impunity Watch Archive