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WRIT OF SUMMONS DISTRICT COURT, THE HAGUE _____________________________________________________________ This day, the _________________ TWO THOUSAND AND EIGHT, Upon the application of: 1. Aleksandar Bozic; ul.Maršala Tita,75430 Srebrenica, BH 2. Gordana Zekic; ul.Rudarska, 75430 Srebrenica, BH 3. Milena Bibic; Dugo polje, 75430 Srebrenica, BH 4. Miloje Grujicic; naselje Moštanica,75420 Bratunac, BH 5. Milojka Bibic; ul.Vase Jovanovića,75430,Srebrenica, BH 6. Novak Balcakovic; Brezani,75430,Srebrenica. BH 7. Stanimir Dimitrovski; Kalemarska 11 J, 11000 Beograd, Serbia 8. Stichting Srebrenica Historical Project, Usselincxstraat 60, 2593 VM Den Haag, The Netherlands The Plaintiffs have elected a domicile in Den Haag at Usselincxstraat 60. I have, SUMMONED: 1. the State of the Netherlands (Ministry of General Afairs), having its seat at The Hague, there at the public prosecutor’s office of the Procurator- General to the Supreme Court (in Dutch ‘Hoge Raad’) having delivered my © Srebrenica Historical Project 2009 1 writ and having left a copy of this document and of the Exhibits to be further specified: 2. an organisation with legal personality The United Nations, having its seat in New York City (NY 10017), New York, United States of America, on First Avenue at 46th Street, not having a recognised seat in The Netherlands, there at the public prosecutor’s office of the Procurator-General to the Supreme Court (in Dutch ‘Hoge Raad’) IN ORDER: on not in person but represented by a procurator, to appear at the hearing of the District Court, The Hague, The Netherlands, which then and in that place will be held in the court building at Prins Clauslaan 60; EXPLICITLY STATING: that should Defendants not appear in the proceedings on the first date specified on the roll or on another date to be set down by the court or fail to appoint a procurator, the prescribed periods and formalities being complied with, the court will grant leave to proceed in default of appearance against Defendants and award the claim by default, unless the court finds the claim unlawful or unfounded; that should one of the Defendants appear and the other not and in respect of the Defendant who appears the prescribed periods and formalities being complied with, the court will grant leave to proceed in default of appearance against the Defendant who does not appear, proceedings will continue between the Defendant who appears and Plaintiff © Srebrenica Historical Project 2009 2 and between all parties a judgment will be delivered that is to be considered a judgment in a defended action; IN ORDER TO: in that case and at that place hear the following being claimed and moved: Introduction 1. Defendants failed, as specified in the body of this Writ, to honour their obligation to undertake everything reasonably within their power to extend equal protection to all endangered non-combatants in the region of Srebrenica during the conflict between 1992 and 1995, and specifically they failed to implement the contractually mandated demilitarization of the Moslem controlled enclave of Srebrenica beginning in April of 1993. As a result of that failure, material conditions were allowed and/or created by the Defendants which made possible the murder of the persons on behalf of whose survivors this Writ is being brought. Plaintiffs 1 through 7 (hereafter referred to in the interests of readability as: ‘Plaintiffs’) and Plaintiff under 8 [hereinafter referred to as: the Project] hold the Defendants, hereafter referred to as: ‘the State of the Netherlands’ and ‘the UN’, jointly responsible for the damages suffered by them. The Project is a legal entity [„Stichting“] under Dutch law. 2. In these proceedings Plaintiff and the Foundation seek a judicial declaration that the State of the Netherlands and the UN, due to a failure to perform their solemn undertakings and inherent obligations, acted unlawfully with respect to Plaintiffs and the murdered members of their © Srebrenica Historical Project 2009 3 families. Plaintiffs (under 1 through 7) further claims an advance of EUR 1 [one] per person for the loss and injury suffered and yet to be suffered by them, as well as damages yet to be determined by the court. 3. The claims of Plaintiffs and of the Project rest upon the actions, or at least the omissions, of the State of the Netherlands and the UN, within the framework of relevant international and domestic laws, to be discussed in detail in Section II of the body of this Writ, to protect all the inhabitants of the enclave and wider war-affected zone of Srebrenica declared by the UN as a ‘Safe Area’, that obligation being applicable to all non-combatants without regard to ethnicity or religion; In this the following matters – in a nutshell – are relevant: - The United Nations is a supranational organization devoted to the maintenance of peace and the settling of international conflicts through the use of mediation and, where necessary, peacekeeping. It is not authorized to act as a party in any conflict, to take sides, to favor one party over another, or to promote the geopolitical interests of any particular grouping of its member states. As Plaintiffs will specify in their Writ, in the micro conflict which during the wider Bosnian war raged in the region of Srebrenica between 1992 and 1995, the United Nations failed in its mission to treat impartially and evenhandedly all parties in that conflict. In the particular case which is the subject of this Writ, that failure was to the detriment of the Serbian and non-Moslem population of the region of Srebrenica, of whom up to a thousand were brutally murdered or have disappeared, more than three dozen villages were razed and local communities were destroyed,1 1 The Plaintiffs are currently in a position to document at least 650 murders of non-combatants of Serb and non-Moslem ethnicity committed by Moslem forces operating out of the Srebrenica enclave. © Srebrenica Historical Project 2009 4 private property and cultural and religious facilities [see Annex I-6] belonging to them were pillaged and/or demolished; and up to 15,000 were expelled by force or threat of imminent harm from their homes; - The State of the Netherlands agreed to assist the United Nations, of which it is a member, in the implementation of its mission in Bosnia, specifically in the region of Srebrenica, when a safe area was established there by agreement of all the parties, including the UN, in April of 1993; - By integrating itself within the mission undertaken by the UN in the region of Srebrenica, the State of the Netherlands assented to and assumed all obligations that were legally or inherently attributable to the UN within the scope of that mission; - In reaction to the persistent, murderous, and destructive attacks of Moslem armed forces within the enclave of Srebrenica upon the surrounding areas, which consisted of villages and settlements populated by Serbs and other non-Moslems, including a military offensive in the Spring of 1993 aiming to expand the zone under their control, a counter-attack was mounted by Serbian forces. That counter-attack by April of 1993 greatly reduced the area under the control of Moslem armed forces and, indeed, raised the specter of their definitive military defeat. It is only at that point that the Defendant United Nations indicated a public awareness of the humanitarian implications of the situation, but only in relation to the Moslem inhabitants of the Srebrenica enclave; - On April 17, 1993, an agreement [supplemented and expanded by another one signed on May 8, 1993] was reached by the parties, including the United Nations. It provided for the Serbian counter-attack to be halted along demarcation lines in existence at the time of signing, and in return—and as a guarantee that conduct which provoked the Serbian counter-attack shall not © Srebrenica Historical Project 2009 5 be repeated—that a demilitarized safe area should be established under the control and supervision of the United Nations, and with a UN military contingent overseeing its implementation, including the safe area demilitarization clause; - The United Nations, and its surrogate in the field between February 1994 and July 1995, the State of the Netherlands with its military contingent known as Dutchbat, did not take any steps, as they were required to, to demilitarize the Moslem enclave or to effectively impede the flow of arms and military equipment to it which continued unabated throughout the period of existence of the “safe zone”; - As a result of the availability of armaments and military equipment, and their integration within the overall structure of Moslem armed forces commanded and controlled by the government based in Sarajevo, Moslem armed forces in Srebrenica neither demilitarized nor dissolved. Instead, by early 1995 they had reorganized themselves into the 28th Division, a formidable military unit ready to take part in broader military operations on behalf of the Moslem party in the Bosnian war; - Fully armed and aggressive Moslem armed forces within the enclave of Srebrenica continued to use the “safe zone” as a platform for military operations against the Serbian side and for uninterrupted attacks on Serbian settlements within their reach, resulting in the death of inhabitants on behalf of whose relatives this Writ is being filed for damages. 4. Plaintiffs wish to raise the following matters before moving to the formulation of their claims: © Srebrenica Historical Project 2009 6 I. Introduction A. Synopsis of the general factual background [1] In the period between April 1992 and November 1995 [the Dayton Peace Agreement concluding the war was signed in November of 1995] a frightful civil war raged on the territory of Bosnia and Hercegovina [hereinafter: BH], formerly a republic of Socialist Federal Republic of Yugoslavia [hereinafter: SFRJ].
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