Press release September 20, 2007: UN abandons Mothers of Srebrenica

On 4 June 2007, a case was filed against the Dutch state and the United Nations (UN). A delegation of around two hundred mothers made the journey to The Hague especially for the occasion. UN Secretary-General, Ban Ki-moon, issued a statement through his spokesperson on 8 June 2007 stating that he fully supported the Mothers in their call for justice. However, since these encouraging words, it has been conspicuously quiet at the UN headquarters in New York. Several written requests for dialogue have gone unanswered.

Yesterday, the case against the Dutch state and the UN was formally referred to The Hague district court. The Dutch state announced through the State Advocate that it would be defending itself at trial. Remarkably, however, the UN announced through the Dutch state that it would be exercising its right to immunity and would therefore not be participating in the case. Even more remarkable is the fact that the State Advocate requested that the court defend the UN's position. An intriguing development, given that the Dutch state and the UN have repeatedly blamed one another for the military fiasco surrounding the fall of the Srebrenica Safe Haven in 1995, in which more than 7,000 refugees were murdered.

The UN is permitted to exercise its immunity from prosecution in so far as this is deemed necessary to fulfil its own objectives. However, this immunity is not boundless. One of the UN's objectives is to promote respect for human rights. Moreover, it is duty-bound to act to prevent genocide. The UN's claim to immunity from prosecution in the case of the Srebrenica genocide contradicts its own objectives and international obligations. It is also important to note that the UN has taken no recourse to alternative legal remedies despite being obliged to do so since 1946. This is contrary to jurisprudence of the European Court of Human Rights. Should the judge accept this plea of immunity, then this would entail that the surviving relatives can in no way hold the UN to account. This is contrary to fundamental human rights.

The international community abandoned tens of thousands of refugees in the summer of 1995. History appears to be repeating itself, now that the UN has chosen to hide behind its immunity and has shown unwilling to defend itself before an independent judge. In so doing, the Dutch state hopes to be able to pass all responsibility to the UN, which would in any case be protected under its immunity. Whether or not the UN is successful in this respect is now up to the Dutch judge.

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