Dutch top court cuts state liability for Srebrenica massacre

The Dutch Supreme Court yesterday slashed the state's liability for the 1995 Srebrenica massacre during the Bosnian War, saying peacekeepers had only a "slim" chance of preventing the deaths of hundreds of Muslim men.

Judges reduced to 10 percent from 30 percent the Dutch state's responsibility for compensation to the families of 350 victims killed by Bosnian Serb forces who overran the safe haven.

Lightly-armed Dutch UN peacekeepers were overrun by the Bosnian Serbs during the break-up of the former Yugoslavia, triggering the worst atrocity in Europe since World War II.

Almost 8,000 Muslim men and boys were killed in the genocide at Srebrenica.

"The Dutch State bears very limited liability in the 'Mothers of Srebrenica' case," the Supreme Court said. "That liability is limited to 10 percent of the damages suffered by the surviving relatives of approximately 350 victims."

The relatives are represented by the Mothers of Srebrenica victims' organisation which sued for compensation, sparking a years-long legal battle.

There was no immediate reaction from either the Mothers of Srebrenica or the Dutch government.

A Dutch court originally held the state liable for compensation in 2014. In 2017 the appeals court upheld that decision before it was referred to the Supreme Court.

The lower court had said in 2017 that the Dutch actions meant the Muslims were "denied a 30 percent chance of avoiding abuse and execution", and thus the Dutch state was liable for 30 percent of damages owed to families.

The Supreme Court agreed that "the state did act wrongfully in relation to the evacuation of the 5,000 refugees" in the compound, including 350 Muslim men the Bosnian Serbs were unaware of.

It said the Dutch peacekeepers "failed to offer these 350 male refugees the choice to stay where they were, even though that would have been possible".

 

Dutch top court cuts state liability for Srebrenica massacre

The Dutch Supreme Court yesterday slashed the states liability for the 1995 Srebrenica massacre during the Bosnian War, saying peacekeepers had only a slim chance of preventing the deaths of hundreds of Muslim men. Judges reduced to 10 percent from 30 percent the Dutch states responsibility for compensation to the families of 350 victims killed by Bosnian Serb forces who overran the safe haven. Lightly-armed Dutch UN peacekeepers were overrun by the Bosnian Serbs during the break-up of the former Yugoslavia, triggering the worst atrocity in Europe since World War II. Almost 8,000 Muslim men and boys were killed in the genocide at Srebrenica. The Dutch State bears very limited liability in the Mothers of Srebrenica case, the Supreme Court said. That liability is limited to 10 percent of the damages suffered by the surviving relatives of approximately 350 victims. The relatives are represented by the Mothers of Srebrenica victims organisation which sued for compensation, sparking a years-long legal battle. There was no immediate reaction from either the Mothers of Srebrenica or the Dutch government. A Dutch court originally held the state liable for compensation in 2014. In 2017 the appeals court upheld that decision before it was referred to the Supreme Court. The lower court had said in 2017 that the Dutch actions meant the Muslims were denied a 30 percent chance of avoiding abuse and execution, and thus the Dutch state was liable for 30 percent of damages owed to families. The Supreme Court agreed that the state did act wrongfully in relation to the evacuation of the 5,000 refugees in the compound, including 350 Muslim men the Bosnian Serbs were unaware of. It said the Dutch peacekeepers failed to offer these 350 male refugees the choice to stay where they were, even though that would have been possible.