THE HAGUE, Netherlands
A court has ruled that the Netherlands is responsible for the deaths of more than 300 Bosnian Muslims at the end of the siege of Srebrenica in 1995.
The District Court of The Hague on Wednesday said the victims, who were among more than 8,000 men and boys murdered in Europe’s worst massacre since World War II, would have survived if Dutch UN soldiers not handed them over to Bosnian Serb troops.
The case was brought by the Mothers of Srebrenica, a group representing 6,000 victims' relatives, who accused the Dutch UN peacekeeping force, known at Dutchbat or the Dutch battalion, of failing to prevent the massacre.
Srebrenica, which had been declared a UN safe haven, was seized by Serb forces on July 11, 1995.
The court ruled that Dutch commanders should have anticipated that 300 Bosnian Muslim men, who had sought refuge in their base in the village of Potocari, would be killed if they were handed over to the Serbs.
The court ruled the Netherlands was not liable for the deaths of other Muslim men and boys who hid in the forest surrounding Srebrenica.
In its verdict, the court said: "The [Netherlands] state is liable for the loss suffered by relatives of the more than 300 men who were deported by the Bosnian Serbs from the Dutchbat compound in Potocari on the afternoon of 13 July 1995, the majority of whom were then killed."
It added that it could be said “with sufficient certainty that, had Dutchbat allowed them to stay at the compound, these men would have remained alive.”
After taking Srebrenica, Bosnian Serbs, led by General Ratko Mladic, trucked the men and boys away, executed them and buried the bodies in mass graves, some of which are still being discovered.
Although the actual number of dead is still uncertain, more than 5,000 bodies been recovered and thousands more are still missing.
Semir Guzin, lawyer for the victims' families, said: "By this verdict, the court categorized the massacre victims. Our demand was partially recognized as the Netherlands was held responsible for only 300 victims, not for the thousands that were slayed after they sought shelter with the Dutch troops in Potocari." He added that the families would appeal the verdict.
The newly identified remains of 175 victims were buried in Potocari cemetery last week at a ceremony to mark the 19th anniversary of the massacre.
Two international courts have recognized the act as genocide and Mladic is still on trial accused of war crimes, crimes against humanity and genocide.
Serbian President Tomislav Nikolic apologized last year for "all crimes committed by Serbs" during the war in Bosnia but refused to call the massacre in Srebrenica "genocide."
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