Court Rejects Case Against UN on Eve of Srebrenica Massacre Anniversary

By Sarah Benczik
Impunity Watch Reporter, Europe

THE HAGUE, Netherlands - The case brought by relatives of Bosnian Muslims against the United Nations (UN) and the Netherlands was partially dismissed by a Dutch court today.  The Court ruled that it has no jurisdiction to hear a case brought against the UN, which has legal immunity from state courts under its Charter.  The civil case against the Netherlands will proceed, however.

The suit was brought by "Mothers of Srebenica" to seek compensation for the failure of UN and Dutch troops to prevent the Srebrenica genocide of thousands of Bosnian Muslims in the UN "safe zone" in 1995.  It is alleged that UN peace keepers looked on while Muslim men and boys were rounded up by Serb troops, and that in some cases the Dutch army may have helped separate Muslim men and women.

The Dutch government has argued that its troops were abandoned by the UN, and that the Serbs bear ultimate responsibility for the massacre.

Axel Hagedorn, attorney for the victim's families, has stated the case may be appealed to the European Court of Human Rights once the civil suit has concluded.  "The court ruled that the U.N. has immunity, even if a genocide has happened, and that is in our opinion exactly what you can't accept," he said.

For more information, please see:

AP - Dutch court rules in Srebrenia civil suit - 10 July 2008

Reuters - Dutch court rejects bid to sue UN over Srebrenica - 10 July 2008