Rechtbank Den Haag, 16-07-2014, ECLI:NL:RBDHA:2014:8748, C/09/295247 / HA ZA 07-2973
Rechtbank Den Haag, 16-07-2014, ECLI:NL:RBDHA:2014:8748, C/09/295247 / HA ZA 07-2973
Gegevens
- Instantie
- Rechtbank Den Haag
- Datum uitspraak
- 16 juli 2014
- Datum publicatie
- 17 juli 2014
- ECLI
- ECLI:NL:RBDHA:2014:8748
- Formele relaties
- Hoger beroep: ECLI:NL:GHDHA:2017:1761, (Gedeeltelijke) vernietiging en zelf afgedaan
- Zaaknummer
- C/09/295247 / HA ZA 07-2973
Inhoudsindicatie
Mothers of Srebrenica against the State. Effects of the fall of Srebrenica. Unlawful act on behalf of the State; international law; attribution of actions of the State?; unlawful acts of the State?; the law applicable to torts;
Applicable standards to review legality; causal link. Obligation to report war crimes. Unlawful acts of Dutchbat regarding the evacuation of the refugees.
Concluding: The Netherlands are liable for the loss suffered by the in the judgment indicated relatives as a consequence of the deportation of male refugees in Srebrenica who were deported by the Bosnian Serbs from the Dutchbat compound in Potočari on the afternoon of 13 July 1995 and subsequently killed.
Disclaimer: The translation of this judgment is solely intended to provide information. The text of the translation and the summary are unofficial translations, liability cannot be claimed for possible errors and/or omissions in this translation. The Dutch text of the judgment is the only authentic and formal text (ECLI-number: ECLI:NL:RBDHA:2014:8562).
Uitspraak
Judgment
THE HAGUE DISTRICT COURT
Trade Team
Case Number/Cause List Number: / C/09/295247 / HA ZA 07-2973
Judgment of July 16th 2014
in the Case of
1 [Claimant 1],
living at [residence], Municipality of [municipality], Bosnia-Herzegovina,
2. [Claimant 2],
living at [residence], Municipality of [municipality], Bosnia-Herzegovina,
3. [Claimant 3],
living at [residence], Bosnia-Herzegovina,
4. [Claimant 4],
living at [residence], Bosnia-Herzegovina,
5. [Claimant 5],
living at [residence], Municipality of [municipality], Bosnia-Herzegovina,
6. [Claimant 6],
living at [residence], Bosnia-Herzegovina,
7. [Claimant 7],
living at [residence], Bosnia-Herzegovina,
8. [Claimant 8],
living at [residence], Municipality of [municipality], Bosnia-Herzegovina,
9. [Claimant 9],
living at [residence], Municipality of [municipality], Bosnia-Herzegovina,
10. [Claimant 10],
living at [residence], Bosnia-Herzegovina,
11. the Stichting [= foundation] STICHTING MOTHERS OF SREBRENICA,
with registered office at Amsterdam,
claimants,
advocates M.R. Gerritsen LL.M., Dr A. Hagendorn LL.M., J. Staab LL.M. and S.A. van der Sluijs LL.M., at Amsterdam
versus
1 THE STATE OF THE NETHERLANDS, Ministry of General Affairs,
established at The Hague,
Respondent,
advocates G.J.H. Houtzagers LL.M. and K. Teuben LL.M. at The Hague,
2. the organisation possessing legal personage
THE UNITED NATIONS,
established at New York, United States of America,
Respondent,
not appearing.
Claimants are jointly referred to as ‘Claimants’, Claimants under 1 up to and including 10 together as ‘[Claimant 1] et al’ and Claimants under 11 as ‘de Stichting’ [= the Foundation]. Respondents are referred to as ‘the State’ and ‘the UN’.
1 Course of the proceedings
The following evidences the course of the proceedings
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the Summons of June 4th 2007 with accompanying Exhibits
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the Letter of September 17th 2007 from the State to the District Court with the Letter of August 17th 2007 from the UN to the Permanent Representative of The Netherlands at the UN
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the Letter of September 20th 2007 from Claimants to the District Court
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the Official Conclusion of the openbaar ministerie (OM) [= Public Prosecution Service] taken at the Cause List Session on November 7th 2007
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the UN which did not appear was granted default of appearance on November 7th 2007
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the Procedural Documents in the Procedural Issues the State raised on December 12th 2007 to seek
(1) a Declaratory Judgment from the District Court stating it has no jurisdiction over the claims laid against the UN and
(2) Admission of the State as Intervening Party alternatively as Party joining in an action on the side of the UN, in the case against the UN
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the Judgment of this District Court of July 10th 2008 in which the District Court stated it was not competent to take cognizance of the claim against the UN and in which it established that a decision in the Procedural Issue for Intervention alternatively Joinder may be omitted
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the Procedural Documents in the proceedings pending on Appeal at The Hague Appeals Court against the Judgment of July 10th 2008
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the Judgment of The Hague Appeals Court of March 30th 2010 in which briefly stated the Appeals Court upheld the Judgment of July 10th 2008
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the Procedural Documents in the Proceedings Pending in Cassation by Claimants at the Supreme Court against the Judgment of The Hague Appeals Court of March 30th 2010
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the Judgment of the Supreme Court of April 13th 2012 that dismissed the Appeal in Cassation
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the Deed of Depot of May 30th 2012 concerning the deposit of the following documents at the court registry of this District Court by Houtzagers LL.M.:
(1) Nederlands Instituut voor Oorlogsdocumentatie [= Dutch Institute for War, Holocaust and Genocide Studies] (hereinafter: NIOD), Srebrenica. Een ‘veilig’ gebied. Reconstructie, achtergronden, gevolgen en analyses van the fall of een Safe Area [= Srebrenica. A ‘safe’ area. Reconstruction, background, consequences and analyses of the fall of a Safe Area] (Parts I up to and including III), Amsterdam, Boom 2002 (hereinafter: NIOD Report),
(2) Parlementaire enquête Srebrenica Missie zonder Vrede [= Parliamentary committee of inquiry on Srebrenica Mission without Peace] Final Report presented to the Lower House of the Dutch Parliament on January 27th 2003 (Kamerstukken [= Parliamentary papers] II 2002/03, 28506, Nos. 2 to 3) and
(3) Parlementaire enquête Srebrenica, Missie zonder Vrede, [Parliamentary committee of inquiry Srebrenica, Mission without Peace] hearings (Kamerstukken II 2002/2003, 28506, no 5);
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Answer with Exhibits
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Reply with Exhibits
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Rejoinder with Exhibits
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Claimants’ Petition for Oral Pleadings of October 8th 2013
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Cause List Decision of November 13th 2013 allowing the Petition for Pleadings
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Memoranda of Oral Pleadings handed over by both Parties on April 7th 2014 and the Official Record drawn up of said Pleadings.
Finally the District Court gave its ruling on the case today.