Historic ruling in Netherlands finds UN workers aren't immune from all crimes, country is liable for crimes committed by its citizens while acting as UN peacekeepers

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9/7/13, "Court rules Dutch UN troops to blame for Bosnia killings," The Scotsman

"The Dutch supreme court yesterday ruled that the Netherlands was liable for the deaths of three Bosnian Muslim men during the 1995 Srebrenica, Bosnia, massacre, even though its forces there were part of a United Nations peacekeeping mission.

The decision upheld a 2011 appeals court judgment that was seen as setting a worrying precedent for countries providing troops for UN peacekeeping forces, because it held the Dutch state responsible for events that happened during a UN mission....

Yesterday’s ruling said in the chaos of the Serb takeover of Srebrenica, UN commanders no longer had control of the troops on the ground, and “effective control” reverted to Dutch authorities in The Hague.

Human rights lawyer Liesbeth Zegveld, who represented the Bosnian families, called the ruling historic because it established countries involved in UN missions can be found legally responsible for crimes, despite the world body’s far-reaching immunity from prosecution.

“People participating in UN missions are not always covered by the UN flag,” she said....

The Dutch government resigned in 2002 after the National War Documentation Institute blamed the debacle on Dutch authorities and the UN for sending underarmed and underprepared forces into the mission and refusing to answer the commanders’ call for air support.

The government accepted “political responsibility” for the mission’s failure and contributes aid to Bosnia, much of which is earmarked for rebuilding in Srebrenica. However, it has always said responsibility for the massacre itself lies with the Bosnian Serbs."...


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