Press release January 30, 2009: Dutch State also in default in the Srebrenica case

In the legal proceedings brought by the Mothers of Srebrenica against the State of the Netherlands and the United Nations the District Court in The Hague ruled in first instance that the United Nations has absolute immunity and therefore can never be summoned before any court. The Mothers of Srebrenica have appealed this judgement (see our press release dated 07 October 2008 www.vandiepen.com). The Court of Appeal in The Hague is currently addressing this important legal matter. Now, the Court of Appeal has ruled that the State of the Netherlands is in default.

Until now the United Nations argue that they do not have to justify their role regarding the genocide in Srebrenica in 1995, where – in spite of the presence of a Dutch UN-battalion – between 8.000 and 10.000 people were killed. Consequently, the United Nations did not appear as a party in the proceedings. Because the United Nations did not participate in the proceedings, the State of the Netherlands acted as a spokesperson of the United Nations in court and has vehemently pleaded absolute immunity of the United Nations.

The State of the Netherlands has extensively argued in court that under international law the Dutch State is obliged to bring the absolute immunity of the United Nations to the court’s attention and that this is a matter of principle. Therefore it is remarkable that the State of the Netherlands has now decided not to appear in appeal in the proceedings concerning the immunity of the United Nations. The Mothers of Srebrenica wonder if the State of the Netherlands does not consider the immunity of the United Nations to be important any longer? Now the Court of Appeal in The Hague has ruled that the State of the Netherlands is in default as well, the appeal proceedings will continue without either the State of the Netherlands or the United Nations.

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