The New Nation - Internet Edition

Fatema G Valji

On July 10, a Dutch district court of the Hague rejected legal action brought by family members of the victims of the 1995 Srebrenica massacre to sue the UN for failing to protect the victims. Accepting the UN's claim to legal immunity, judge Han Hofhuis declared that hearing the case did not fall within the Dutch court's jurisdiction.

Previously, several UN reports have criticised the UN and Dutch failure to prevent in the worst case of genocide in Europe since World War II.

In April 1993, the town of Srebrenica was established a 'safe area' by UN Security Council Resolution; some 400 UN Dutch troops were charged with Bosnian protection.

However, in July 1995, Srebrenica was overrun by Serb forces and the besieged Bosnians became victims of a mass killing spree. Over 20,000 refugees fled to the UN base at Potocari, seeking safety under the protection of UN troops. Between 11-15 July, Serb forces summarily executed thousands of men, indulged in mass rape and forcibly deported approximately 25,000 women, children and elderly.

Last year, a class action suit against the Dutch Government and UN was filed by the 'Mothers of Srebrenica,' representing 6,000 family members of victims of the Srebrenica genocide.

Lawyer for the survivors, Axel Hagedorn, has stated that he will appeal the court's decision. "The court ruled that the UN has immunity, even if a genocide has happened, and that is in our opinion exactly what you can't accept…You have to change the jurisdiction on this, because otherwise you accept genocide," he declared.

The verdict came as two other landmark civil cases against the Dutch state continue.

In unprecedented civil action taken against Dutch troops, Hassan Nuhanovic and the family of Rizo Mustafic accused the Dutch Government of allowing Serb forces to murder his family in the Serb slaughter that claimed some 8,000 Bosnian lives.

During the hearing, Nuhanovic, a UN interpreter who survived the 1995 massacre, accused Dutch troops of expelling his father, mother and younger brother from the Potocari base to which they had fled for sanctuary. All 3 were then killed by Serb forces.

"Dutch battalion members in Srebrenica in the Dutch base expelled my family and handed them over to the Serbs. I saw it with my own eyes," stated Nuhanovic.

In a Reuters interview prior to the hearing, Nuhanovic clarified that, as a UN interpreter he was allowed to remain in the base because he carried a UN identity card. "If I had not done this, I would not be able to go on with my life. I am seeking justice," he said.

In court, Zegveld argued that the UN Dutch Battalion (Dutchbat) violated its mandate by handing over those under its protection, to be brutally killed by Serbian forces. "Dutchbat was professionally charged with the safety of its civilians…They had a humanitarian assignment, but they acted contrary to their instructions," she told the panel of judges at the Hague's district court in the Netherlands.

In a separate civil claim, the family of Rizo Mustafic, testified that Dutch troops evicted him and thousands of other Bosnians from the base to be captured by Serb forces.

On July 13, 1995, Mustafic, his daughter, wife and son were evacuated from the Dutchbat base. While his family survived, Mustafic was murdered along with approximately 8,000 others who were executed and dumped into mass graves. Like many other victims, Mustafic's remains have yet to be found.

While the Dutch court has closed the case filed by 'The Mothers of Srebrenica,' without ruling on UN and Dutch liability, the Mustafic and Nuhanovic trials against the Dutch state continue.