Dutch court cuts state’s liability for Srebrenica deaths

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People pray near coffins of their relatives, who are newly identified victims of the 1995 Srebrenica massacre, which are lined up for a joint burial in Potocari near Srebrenica, Bosnia and Herzegovina, July 11, 2017. (REUTERS)
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Members of a group of victims' relatives, "the Mothers of Srebrenica" arrive at Dutch supreme court on July 19, 2019 in the Hague, to attend the ruling in the cassation proceedings regarding the responsability of Dutch state in Srebrenica massacre. (AFP)
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In this Sept. 18, 1996 file photo, International War Crimes Tribunal investigators clear away soil and debris from dozens of Srebrenica victims buried in a mass grave near the village of Pilica, some 55 kms (32 miles) north east of Tuzla, Boisnia-Herzegovina. (AP)
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In this Wednesday, March 20, 2019 file photo, a woman prays at the Potocari memorial center for victims of the Srebrenica genocide, in Potocari, Bosnia and Herzegovina. (AP)
Updated 20 July 2019
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Dutch court cuts state’s liability for Srebrenica deaths

  • The 350 were among the almost 8,000 Muslim men and boys were killed in the genocide at Srebrenica, the worst massacre in Europe since World War II

THE HAGUE: The Dutch Supreme Court on Friday slashed the state’s liability for 350 victims of the 1995 Srebrenica massacre, saying peacekeepers had only a “slim” chance of preventing their deaths.
The 350 men were among 5,000 terrified residents who had sought safety in the Dutch peacekeepers’ base when the besieged Muslim enclave was overrun by Bosnian Serb forces in July 1995.
The lightly armed Dutch troops eventually became overwhelmed and shut the gates to new arrivals before allowing Bosnian Serb forces commanded by Ratko Mladic to evacuate the refugees.
The men and boys were separated and taken in buses to their deaths, their bodies dumped in mass graves.
Judges, however, on Friday reduced from 30 percent to 10 percent the Dutch state’s responsibility for compensation to the families in a case brought by the Mothers of Srebrenica victims’ organization.
The 350 were among the almost 8,000 Muslim men and boys were killed in the genocide at Srebrenica, the worst massacre in Europe since World War II and the darkest episode in the break-up of the former Yugoslavia.
“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.”

After the ruling, Mothers’ president Munira Subasic, who lost family members including her son, husband and father in the massacre, expressed disappointment.
“Today we experienced humiliation upon humiliation. We could not even hear the judgment in our own language because we were not given a translator,” she told AFP.
At Srebrenica “every life was taken away 100 percent. There is little we can do with 10 percent, but yes, the responsibility still lies where it does.”
“I only have two bones. I have found less than 10 percent of his body,” she added, referring to her teenage son.
The Dutch government accepted responsibility, saying it was relieved that “finally there was some clarity.”
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.”
But explaining the decision to reduce the liability, the Supreme Court said that “the chance that the male refugees would have escaped the Bosnian Serbs had they been given the choice to stay was slim, but not negligible.”
Reacting to the ruling, Dutch Defense Minister Ank Bijleveld said in a statement the cabinet would “examine how to best implement the liability for damages suffered by the relatives in such a way it does justice to the Supreme Court ruling.”

In a swipe at the failure of other foreign powers to act during the 1995 crisis, the top court added that the “chance of Dutchbat (the Dutch UN mission) receiving effective support from the international community was slim.”
Former Dutchbat soldiers attending the case said they were disappointed on behalf of the victims’ families.
“I think the final judgment is a bit disappointing, especially when you see the court ruling of 30 percent and now it’s downgraded to 10 percent,” said Remko de Bruijne, a former Dutch blue helmet who served at Srebrenica.
“I think that’s not fair for the Mothers of Srebrenica but, on the other hand, now it’s clear,” he told AFP.
Srebrenica has cast a long shadow over The Netherlands, forcing a the government to resign in 2002 after a scathing report on the role of politicians in the episode.
Former Bosnian Serb leader Radovan Karadzic is currently serving a life sentence in jail in The Hague after being convicted of genocide over Srebrenica and war crimes throughout the 1990s.
Ex-military chief Mladic, 76, dubbed the “Butcher of Bosnia,” is currently appealing a life sentence on similar charges at an international tribunal in The Hague.
Slobodan Milosevic, Karadzic’s long-time patron during the war, was on trial in The Hague at the time of his death in 2006.


Macron spearheads pressure on Bolsonaro over Amazon fires

Updated 8 min 6 sec ago
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Macron spearheads pressure on Bolsonaro over Amazon fires

  • With global leaders gearing up for the G7 summit in the western French resort of Biarritz, Macron drew Bolsonaro’s ire by saying the wildfires would be high on the agenda
  • Bolsonaro had earlier blasted Macron for a colonialist mentality, prompting the French president hit back, accusing his Brazilian counterpart of lying in pledges to fight global warming

PARIS: France’s Emmanuel Macron led a growing wave of international pressure on Brazilian President Jair Bolsonaro over the fires raging in the Amazon rainforest Friday, telling him Paris would block efforts to seal a major trade deal.
With global leaders gearing up for the G7 summit, which opens Saturday in the western French resort of Biarritz, Macron drew Bolsonaro’s ire by saying the wildfires would be high on the agenda and pledging that delegates would hammer out “concrete measures” to tackle them.
Bolsonaro had earlier blasted Macron for a “colonialist mentality,” prompting the French president hit back, accusing his Brazilian counterpart of lying in pledges to fight global warming.
“Given the attitude of Brazil over the last weeks, the president can only conclude that President Bolsonaro lied to him at the Osaka (G20) summit” in June, a French presidential official said.
As a result, France would oppose a trade deal between the EU and South America’s Mercosur nations, effectively killing any chance of it being ratified, he said.
Moves to prioritize the Amazon wildfires on the G7 agenda won backing from German Chancellor Angela Merkel, with new British Prime Minister Boris Johnson tweeting that the fires were “heartbreaking” and offering help to put them out.
But in a sign of EU disagreement, Germany said Macron’s proposal to block the Mercosur deal was “not the right response.”
“Failing to conclude the Mercosur agreement would not contribute to reducing the clearing of the rainforest in Brazil,” a German government spokesman told AFP.
So far this year, there have been 76,720 forest fires in Brazil — the highest number since 2013, official figures show, with more than half in the Amazon rainforest.
“The Amazon rainforest — the lungs which produce 20 percent of our planet’s oxygen — is on fire,” Macron tweeted late on Thursday, suggesting it be high on the summit agenda.
But Bolsonaro blasted the move to make it a G7 item without any participation by Brazil, saying it reflected a “colonialist mentality.”
The leaders of France, the US, Canada, Britain, Germany, Italy and Japan already face a litany of issues in Biarritz, which is on a security lockdown for the summit.
Macron met Iranian Foreign Minister Mohammad Javad Zarif earlier Friday for last-minute talks trying to soothe tensions between Tehran and Washington.
A nuclear deal between Western powers and Iran all but collapsed after Donald Trump unilaterally withdrew US support in May 2018, reimposing economic sanctions on Tehran.
“We’re at a critical moment,” Macron warned on Wednesday, acknowledging that Iran is “laying out a strategy” for exiting the 2015 deal.
“President Macron made some suggestions last week to President (Hassan) Rouhani and we believe they are moving in the right direction, although we are not definitely there yet,” Zarif told AFP in an interview.
He said he had a “good discussion” with the French leader, who would now hold talks with other European leaders to seek a way forward.
Macron’s diplomacy is a delicate task, with France seeking to roll back some of the US measures imposed as part of Trump’s policy of “maximum pressure” on Iran, which insists its nuclear program is peaceful.
French diplomats have raised the idea of US waivers on sanctions affecting Iranian oil exports to India and China, or a new credit line for Tehran that could help the struggling economy.
That prompted Trump to accuse Macron of sending Tehran “mixed signals” in his attempt to broker fresh talks between the longtime adversaries.
But Trump appears to be the outlier among America’s G7 partners on Iran, despite speculation that Johnson, who claims a close personal rapport with the US leader, might be more amenable to endorsing his stance.
On Friday, a British diplomatic source said the UK would continue to back the 2015 nuclear deal, which it helped broker, as the “best way” of preventing Iran from obtaining a nuclear weapon.
Iran is just one of a host of issues over which G7 members are at loggerheads, upending a formerly cosy club of rich nations.
Trump will arrive in the glitzy beachside resort on Saturday already riled by a new French law increasing taxes on US Internet giants such as Google and Facebook. He is also threatening tariffs on the European automobile sector.
Just before the summit, China fired the latest salvo in its trade war the US, announcing new tariffs on $75 billion of American imports.
But in a sign of the summit’s lowered ambitions, French officials have scrapped the idea of a joint declaration at the end, breaking a longstanding G7 tradition.