Onder 2 Rechtbank Den Haag 16 juli 2014

4.328. The District Court’s opinion given above, namely that Dutchbat was unable to take the decision in reasonableness to let the able-bodied men leave the compound is in accordance with the ruling of the Appeals Court in the Nuhanović and Mustafić cases relating to the actions of Dutchbat in the final phase of the evacuation of the refugees from the compound. The Appeals Court considered that it cannot be assumed that a possible order from the UN or the Dutch government to cooperate with the evacuation of the refugees by the Bosnian Serbs would have entailed that the evacuation should have been supported if there had been a real risk for the able-bodied men at the compound to be killed or inhumanely treated by the Bosnian Serbs. The Appeals Court held that it would not have constituted a violation of any order given by the UN or the Dutch government if Dutchbat had decided no later than by the end of the afternoon of July 13th 1995 to no longer cooperate with the evacuation because of this risk. In accordance with the Gobilliard’s order “ to take all reasonable measures to protect refugees and civilians in your care” , Dutchbat should have terminated its cooperation with the evacuation from that moment, in any case with regard to the able-bodied men, according to the Appeals Court. As is apparent from the foregoing, it is the opinion of the District Court that this applies from the moment the evacuation of refugees from the compound started, in which the necessity to terminate its cooperation became all the more pressing as, other than on July 12th 1995 and in the morning of July 13th 1995, Dutchbat must have been aware of a serious risk of the male refugees being killed in a genocide.

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