Press release October 7, 2008: The Mothers of Srebrenica appeal the court decision presuming UN’s absolute immunity

On July 10th 2008 the District Court in The Hague decided in the proceedings of the 6,000 surviving family members of the victims of the genocide in Srebrenica (“Mothers of Srebrenica”) against the Dutch State and the United Nations (UN), that the UN has absolute immunity. As a consequence the court decided to have no jurisdiction insofar it concerns the claims of the Mothers of Srebrenica against the UN (see our press release dated July 10th 2008, available on www.vandiepen.com). 

Today the Mothers of Srebrenica appeal against this decision at the Court of Appeal in The Hague. Until the final court decision (possible the European Court of Human Rights) on the legal question whether the UN has absolute immunity, despite its involvement in genocide, the proceedings against the Dutch State and the UN is suspended. The Mothers of Srebrenica find it unacceptable if the UN, as only organisation worldwide, can never be held accountable. Moreover, the UN has failed to create alternative legal remedies although obliged to do so since 1946. This is inconsistent with relevant case law of the European Court of Human Rights.

The final judgement in another court proceedings related to the drama in Srebrenica instituted by two victim’s families (Nuhanovic and Mustafic) has led to misunderstandings in the media. This court decision is to be seen independently from the proceedings instituted by the Mothers of Srebrenica. In the first place, in our case of the Mothers of Srebrenica next to the Dutch State also the UN has been sued. Furthermore, in the proceedings of the Mothers of Srebrenica there is enough evidence that the Dutch State has breached the UN command and therefore can be held accountable (see the writ of summons also available on our website). Finally, it is remarkable though that - within one month - the District Court holds in the other proceedings the not-sued UN responsible, whereas in the proceedings of the Mothers of Srebrenica the District Court decided that the UN’s immunity is absolute and that therefore a claim against the UN cannot be brought before the court.

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