Onder 2 Rechtbank Den Haag 16 juli 2014

4.259. In retrospect it became clear that a large part of the men who had not sought refuge in the mini safe area had fallen into the hands of the Bosnian Serbs and were killed during the mass executions that occurred from 13th July 1995. There is insufficient basis to hold that on 11th July 1995 – or at any other moment in the following days – Dutchbat was or became aware of the danger those men were in. Nor is there sufficient basis to hold, in the given circumstances and given its knowledge at the time about the fate of the men who had been or would be carried off by the Bosnian Serbs from the mini safe area , that Dutchbat could and should have known or suspected that the other men who had not fled to the mini safe area had fallen or would fall into the hands of the Bosnian Serbs and what their fate would be. The reasoning that Dutchbat knew that many men from Srebrenica had not fled to the mini safe area and that it was clear that the area outside the mini safe area was not safe because the men were fleeing through an area controlled by the Bosnian Serbs which was also full of landmines, is insufficient.

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