The Dutch State is held liable for the events after the fall of Srebrenica, but to a lesser extent than the court decided earlier. The Supreme Court determined this on Friday.
The court decided earlier that the surviving relatives could claim 30 percent of the damage suffered, which has now been reduced to 10 percent.
The case revolves around the deaths of 350 Muslim boys and men who were left behind at the UN compound after the large-scale “evacuations”. It is charged to Dutchbat that they contributed to the surrender of these more than three hundred remaining persons, because they did not do everything to keep them hidden from the Bosnian Serbs.
The Supreme Court estimates the chance of survival of the 350 remaining men at 10 percent, so the surviving relatives can recover this amount from the State.
The highest judge added that it is almost impossible to “do justice to everyone’s suffering”. On July 11, 1995, the enclave was taken by General Ratko Mladic. Thousands of Muslims were still trying to flee through the forests, but the majority of them were caught.
The Dutch State was previously held liable for the death of 350 of the victims who were last left in the enclave. Dutchbat helped with the separation of the men and boys from the women and girls and ensured that the ‘evacuation’ of these men went without chaos.
However, as the court ruled earlier, Dutchbat should have known what would happen to the men. Their passports were thrown in one heap.
At the same time, the court was not sure whether the Bosnian Serbs would not have killed them if they had later discovered the men at the UN base. The court therefore ruled that the surviving relatives of this group of men were not compensated for the full damage, but only 30 percent of the damage suffered.