Onder 4.74. Rechtbank Den Haag 16 juli 2014

Claimants’ position therefore that observation posts were abandoned “without offering any resistance” is not compatible with the facts. Observation post OP-E was abandoned after the Bosnian Serbs had surrounded it, Dutchbatters had heard explosions and a volley of fire and the Bosnian Serbs warning them by megaphone to leave it forthwith. When the garrison left the observation post in a YPR, an armed vehicle, the Bosnian Serbs fired at them. Observation post OP-F was abandoned after it had come under fire from VRS tanks shooting at the ABiH and was then seized by the Bosnian Serbs who were clearly making preparations to attack said observation post. Other observation posts too were continually being abandoned after being surrounded or coming under fire from the Bosnian Serbs. That held too for observation post OP-M that during the days prior to its being abandoned was fired at on July 9th 1995. Shortly before the garrison at observation post OP-M left that day incoming fire from the VRS came ever closer till a shell destroyed the gate to the observation post. Right after Dutchtbat had left the observation post it received a direct hit and came under fire from a heavy calibre machinegun (NIOD, p. 2258).

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