Onder 2 Rechtbank Den Haag 16 juli 2014

4.310. The District Court acknowledges that on July 13th 1995 , after the decision had been made not to stop the evacuation, in its actions during the evacuation Dutchbat had to make an assessment about on the one hand the safety of the able-bodied men who were at risk of being removed from the queues by the Bosnian Serbs on their way to the buses, and on the other hand the safety of the other refugees. In view of the experiences of the day before, at the chaotic start of the evacuation when there was a large run on the buses and people were being trampled and buses became overcrowded, Dutchbat in all reasonableness was able to decide to continue to assist the evacuation by forming a lock through which groups of refugees walked in turns to the buses. The District Court also takes into account that the alternative of not assisting by means of taking up a position as observer as suggested by Rutten would not have stopped the Bosnian Serbs from pulling men out of the rows of refugees. It has not been asserted, nor is there any evidence that there was any alternative other than to stop the evacuation as mentioned by Franken. It has previously been assessed that Dutchbat was able to decide in all reasonableness to continue the evacuation, in view of the interests of the other refugees being served.

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