Dutch troops and government have liability for the murder of civilians handed by them to Ratko Mladic’s forces after the fall of Srebrenica, according to a new ruling by a Dutch Appeals Court. The Court’s ruling was unexpected by the participants as the Dutch Government and lower court had ruled that the UN rather than the Netherlands had command over the Dutch Battalion presumably protecting the safe area of Srebrenica. The Appeals Court ruling was appropriate from my first hand knowledge of the facts and other related evidence and testimony. It does correctly conclude that Dutch military and government officials had effective control over the “Dutchbat” after Srebrenica fell. Dutchbat command had witnessed and reason to fear for the safety of Bosnian/Herzegovinian citizens, particularly Bosniak (“Bosnian Muslim”) taken prisoner by Mladic’s forces. As a Spokesperson for the Dutch Appeals Court succinctly concludes: "The court ruled that the Dutch state is responsible for the death of these men because Dutchbat should not have handed them over." “Safe Area” Obligation was to Persons & Not Merely Territory As Bosnia & Herzegovina’s (BiH) Foreign Minister at the time, I had directly communicated to the Dutch Government a request that all BiH citizens had to continue to receive the protection of the “safe zone” as mandated by the UN Security Council even if the territory was overtaken by Mladic’s forces. I communicated the same position to the UN Security Council, that the safe zone protection applies to the BiH citizens. Further, I had asked that at least one Dutch peacekeeper would accompany any transport of Srebrenica citizens to insure their safety. These official actions of mine on behalf of the Srebrenica safe zone and particularly its citizens were confirmed by testimony provided by Dutch officials including the Dutchbat commander as witness before the ICTY. Dutch Defense Minister Joris Voorhoeve was one of first to pass on information to me of Srebrenica citizens, including young teen boys and older men, being taken away by Mladic’s forces and of indications of shootings and executions. This information was shared with the UN and other US and European officials. Within less than 24 hours of Srebrenica being overrun by Mladic’s forces, Dutchbat had passed on evidence, which was also passed on to the UN, US and European officials, of grave violations of international humanitarian law,(particularly inconsistent with the commitment provided to Srebrenica as “safe area” and “protected zone” by NATO and the UN). What is the Relevance of the Above Beyond the Immediate Appeals Court Decision & the Netherlands? The Dutch Appeals Court specifically addressed the case of three people, relatives of Rizo Mustafic and Bosnian Dutchbat interpreter Hasan Nuhanovic, who were expelled from the relative safety of the Dutch compound into the waiting arms of Mladic’s forces, and ultimately never seen again. Mr. Mustafic and Mr. Nuhanovic deserve much credit for pursuing their claims tirelessly, and it establishes some substantive precedents beyond the more narrow facts of the above case: • Srebrenica citizens still within effective Dutchbat compound continued to deserve the benefit of protection – there were almost 5,000 people within the compound and around 15,000 – 20,000 immediately cramped around its fences and within the “safe area”/”protected zone.” • My request/demand that all Srebrenica citizens be accorded protection while within or presumably being transported from the “safe zone,” on basis of this Dutch Court ruling has now placed all such in new light including women/girls who were dragged from busses/trucks and were sexually abused – Dutchbat now is seen by the Netherland’s own Courts of having an obligation to provide protection regardless of the inaction of UN and NATO. • The Dutch Court now accords responsibility to the Dutch state for action or inaction of Netherlands officials and peacekeepers, regarding protection of BiH citizens within the “safe area.” The same responsibility now must be demanded from those states and institutions (UN and NATO) that were reckless in allowing Srebrenica to be overtaken by Mladic’s forces. Responsibility Beyond Dutchbat & Netherlands? Srebrenica was not just a bad coincidence. Mladic and his forces could have been confronted before they entered Srebrebica, as mandated by UN and NATO resolutions/commitments. However, there is substantial evidence that Serbian forces were confident that no UN/NATO intervention would occur, as Mladic and Slobodan Milosevic worked on the assumption that they would be allowed to establish “new territorial facts” on the ground, (presumably to accommodate their demands for a new "peace initiative" to be launched. Are the European, UN and US officials who signaled this “yellow light” to Milosevic and Mladic directly responsible for what the ICTY has already ruled as the “Srebrenica genocide”? Maybe not complicit but through acquiescence they acted in a legally reckless and negligent manner by allowing Mladic to overran Srebrenica as they withheld NATO air strikes. They and their states should be held accountable for the consequences. As Dutchbat forces should have been able to foresee the immediate result of handing over Srebrenica citizens to Serbian forces, the US and European allies acted at least in a reckless manner in view of the pattern of killing and abuse already established by Mladic and his forces in BiH over more than the previous three years of war. Bringing Facts Into Open Previously Swept “Under the Carpet” The current Dutch Appeals Court ruling establishes potential liability by the Dutch state, but what of other states who committed to the security of the Srebrenica “safe area”/”protected zone” have a responsibility? Srebrenica itself should not have been effectively handed over to Milosevic. This may open the door for claims against the UN and NATO but more relevantly other states who exercised state control over their officials and military in allowing Srebrenica to be overrun, (a tort action formulation in context of international law). As the Dutch lawyer, Liesbeth Zegfeld, representing the Srebrenica plaintiffs in this precedent setting legal victory stated: this Court ruling may prompt facts to be brought out from under the carpet. It is not only Dutchbat action that must be reviewed independently, but also of those who allowed Srebrenica to be overrun. That may seem like a distant possibility, but so did the current Dutch Court ruling. Related Report – “Srebrenica Betrayal & Cover-up”- diplomaticallyincorrect.org/films/movie/ambassador-muhamed-sacirbey-on-betrayal-cover-up-regarding-srebrenica-genocide/17916 By Ambassador Muhamed Sacirbey Facebook – Become a Fan at “Diplomatically Incorrect” Twitter – Follow us – DiplomaticallyX More Related Reports at “War Crimes Justice Channel” diplomaticallyincorrect.org/c/war-crimes-justice