Onder 2 Rechtbank Den Haag 16 juli 2014

4.292. Claimants argue that the State should not have cooperated with “the deportation” of the refugees, which they argue the State wrongly qualifies as “evacuation”. The State, in turn, objects to Claimants’ accusation to have cooperated with the “deportation”. So far, the District Court consistently used the term evacuation regarding Dutchbat’s decisions about all refugees after the fall, the removal of the refugees other than the male refugees by the Bosnian Serbs and in assessing the attributability of Dutchbat’s actions during the transition period. The District Court did not use this term when it concerned the removal of the male refugees selected by the Bosnian Serbs. Like Claimants, the District Court is of the opinion that the designation evacuation does not do justice to the actual situation of the removal of the male refugees, which was a deportation . The term evacuation does apply to the removal of the other refugees from the mini safe area , for which the District Court takes into consideration that a safe haven had to be found for the refugees after the fall of Srebrenica and that there was no reason to have concerns about the fate of these refugees. The fact that the men were removed from the queues for the buses, is not reason enough to also designate the removal of the other refugees as deportation.

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