A Dutch court is to hold hearings on Wednesday about whether survivors of the 1995 Srebrenica massacre can sue the UN for failing to prevent the slaughter of thousands of Bosnian Muslims.
The Mothers of Srebrenica, relatives of men and boys killed at the UN-declared safe zone, are the most vocal claimants in a civil suit seeking compensation from the UN and the Dutch state for the worst mass killing in Europe since World War II.
Serb forces killed more than 8,000 Muslims in one week in July 1995. Dutch peacekeepers, overwhelmed by the Serbs’ superior force, watched helplessly as the victims were led away from their custody.
At issue is whether the UN — which has so far not taken part in the proceedings launched last year — is immune to complaints filed in national courts.
Axel Hagedorn, whose firm says it represents 6,000 family members, said he expects the UN not to appear, citing immunity.
He said lawyers for the government will likely argue that its troops are immune from claims because they were serving as part of a UN peacekeeping force.
The suit is one of several seeking to determine whether the Netherlands and UN can be held liable for failing to carry out a promise of protection for civilians in the UN enclave.
An independent report by the Netherlands Institute for War Documentation in 2002 placed partial blame for the massacre with the Dutch government for sending ill-prepared troops on an impossible mission. It faulted the UN for designating the area a “safe haven” for Bosnian war refugees, but not defining what that meant.
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