A Dutch appeals court confirmed that the Netherlands was partly liable for the deaths of some 300 Muslim males who were expelled from a Dutch U.N. base after the surrounding area was overrun by Bosnian Serb troops. Lenneke Sprik, an international security lecturer at Amsterdam’s VU University said the ruling was “very important for future peacekeeping missions and the law on state responsibility.” She said the decision might deter countries from contributing peace-keeping troops to future missions.
The ruling by the Hague Appeals Court upholds a 2014 decision that Dutch peacekeepers should have known that the men seeking refuge at the base near Srebrenica in July, 1995 would be murdered by Bosnian Serb troops if they were forced to leave – as they were. Reading the complex ruling, Presiding Judge Gepke Dulek-Schermers said that Dutch soldiers “knew or should have known that the men were not only being screened … but were in real danger of being subjected to torture or execution.”
The ruling relates only to the 300 men who had sought safety on the Dutch-controlled base. In a departure from the earlier ruling, it said the Netherlands should pay only 30 percent of damages, as it estimated the odds at 70 percent that the victims would have been dragged from the base and killed regardless of what the Dutch soldiers did.
The amount of damages is determined in a separate procedure unless the victims and the state can reach a settlement. Dutch state lawyers left the court building without commenting on the ruling. The Dutch government resigned in 2002 after acknowledging its failure to protect the refugees, though the Netherlands maintains that the Bosnian Serbs, not Dutch troops, bear responsibility for the killings.
The court rejected an appeal from relatives of other Srebrenica victims, who argued the Dutch government should be held responsible for the protection of thousands more Muslims who had gathered outside the base.