Onder 2 Rechtbank Den Haag 16 juli 2014

4.303. The statement cited above shows that Franken acknowledged the consequences of not stopping the evacuation. As has been considered above, it was not a realistic option to admit all refugees to the compound at that point, nor removing the men from the mini safe area outside the compound and admit them to the compound. Dutchbat did not have a viable alternative under the given circumstances to bring the refugees to safety and to take them out of the quickly deteriorating situation in the mini safe area. Furthermore, it is not proven – and Claimants do not argue this – that the other refugees who were being evacuated and taken to Kaldanj as agreed ran the risk of being killed or inhumanely treated. Continuing the evacuation was in fact in the interest of this large group of other refugees, who had been brought to safety and taken out of the miserable conditions of the mini safe area . In this regard the District Court takes into consideration that as a result of this situation in the mini safe area several people had already been killed and that on July 11th 1995 the assessment was made that the refugees – depending on the circumstances – could stay in the mini safe area for another three to five days. So on July 12th 1995 another two to four days. It is the District Court’s opinion that, in the given circumstances and in view of what it knew at the time, Dutchbat was able to take a reasonable decision to continue the evacuation, which brought the majority of the refugees to safety and out of a situation that was becoming increasingly untenable. The District Court therefore does not accept Claimants’ argument that an unjustifiable assessment.

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