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Dutch Supreme Court set to rule in Srebrenica liability case

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Dutch Supreme Court set to rule in Srebrenica liability case
News

News

Dutch Supreme Court set to rule in Srebrenica liability case

2019-07-19 14:24 Last Updated At:14:30

The Dutch Supreme Court is ruling Friday in a long-running legal battle over whether the Netherlands can be held liable in the deaths of more than 300 Muslim men who were murdered by Bosnian Serb forces during the 1995 Srebrenica massacre.

The Netherlands' highest court is passing judgment in appeals against a 2017 ruling by a lower court that the Dutch government was partially liable in the men's deaths during the bloody climax of the 1992-95 Bosnian war. The overall Srebrenica massacre of some 8,000 Muslim men and boys was the worst mass killing in Europe since World War II.

The 2017 judgment was hailed as internationally significant in establishing that governments can be held liable if the peacekeepers they send on U.N. missions fail to protect civilians during armed conflicts.

FILE - In this Wednesday, March 20, 2019 file photo, a woman prays at the Potocari memorial center for victims of the Srebrenica genocide, in Potocari, Bosnia and Herzegovina. The Dutch Supreme Court is ruling Friday July 19, 2019 in a long-running legal battle over whether the Netherlands can be held liable in the deaths of more than 300 Muslim men who were murdered by Bosnian Serb forces during the 1995 Srebrenica massacre. (AP PhotoMarko Drobnjakovic, File)

FILE - In this Wednesday, March 20, 2019 file photo, a woman prays at the Potocari memorial center for victims of the Srebrenica genocide, in Potocari, Bosnia and Herzegovina. The Dutch Supreme Court is ruling Friday July 19, 2019 in a long-running legal battle over whether the Netherlands can be held liable in the deaths of more than 300 Muslim men who were murdered by Bosnian Serb forces during the 1995 Srebrenica massacre. (AP PhotoMarko Drobnjakovic, File)

However, in January, the Supreme Court's Advocate General issued a non-binding advisory opinion calling the 2017 judgment "irrational" and saying it "cannot be upheld."

The case revolves around the role played by the outnumbered, outgunned Dutch U.N. peacekeepers stationed in the Srebrenica enclave in eastern Bosnia as Bosnian Serb forces led by Gen. Ratko Mladic overran the area and subsequently massacred some 8,000 Muslim men and boys in the summer of 1995.

It focuses on more than 300 men who were among thousands of terrified Muslims who took refuge in the Dutch battalion's base near Srebrenica but were expelled by the peacekeepers and subsequently murdered by Bosnian Serbs. The Dutch forces improvised a funnel of vehicles and troops through which the Muslims left the base. As they did, Mladic's forces picked out the men, took them away and later killed them.

FILE - In this July 13, 1995 file photo, Dutch U.N. peacekeepers sit on top of an armored personnel carrier while Muslim refugees from Srebrenica, eastern Bosnia, gather in the village of Potocari, just north of Srebrenica. The Dutch Supreme Court is ruling Friday July 19, 2019 in a long-running legal battle over whether the Netherlands can be held liable in the deaths of more than 300 Muslim men who were murdered by Bosnian Serb forces during the 1995 Srebrenica massacre. (AP PhotoFile)

FILE - In this July 13, 1995 file photo, Dutch U.N. peacekeepers sit on top of an armored personnel carrier while Muslim refugees from Srebrenica, eastern Bosnia, gather in the village of Potocari, just north of Srebrenica. The Dutch Supreme Court is ruling Friday July 19, 2019 in a long-running legal battle over whether the Netherlands can be held liable in the deaths of more than 300 Muslim men who were murdered by Bosnian Serb forces during the 1995 Srebrenica massacre. (AP PhotoFile)

In the 2017 judgment, the Hague Court of Appeal ruled that the Dutch forces' actions deprived the men of any chance of survival. The court estimated their chance of survival if they had stayed in the Dutch compound at around 30% and said the Dutch state was liable for 30 percent of losses suffered by their surviving relatives.

But in the January advisory opinion, the Advocate General wrote that it could not be said that the Dutch battalion "acted wrongfully in its choice between two evils: either facilitating the separation of the men or allowing a chaotic evacuation."

After overrunning Srebrenica, Bosnian Serb forces sorted thousands of Muslim residents by gender, then trucked the males away and began killing them. The bodies were plowed into hastily dug mass graves, which were later bulldozed and scattered among other burial sites in an attempt to hide evidence of the massacre.

A U.N. war crimes tribunal convicted Mladic in 2017 of genocide for masterminding the Srebrenica massacre and sentenced him to life imprisonment. He has appealed.

WARSAW, Poland (AP) — Polish Prime Minister Donald Tusk expressed satisfaction on Monday after a series of candidates supported by his party won weekend races for mayor.

Candidates from his pro-European Union centrist Civic Coalition, or running with the party's backing, won in a series of cities in the second round of local elections held on Sunday, among them Krakow, Poznan, Wroclaw and Rzeszow.

“It is very difficult to clearly say who won and who lost,” Tusk said Monday. “But if we compare these results, especially in the most attractive places, on these attractive battlefields ... then I actually have reasons for satisfaction.”

“Law and Justice has simply disappeared in many places,” Tusk added at a news conference, referring to the main opposition party.

The results put Civic Coalition in a favorable position as the country looks next to elections to the European Parliament on June 9.

Mayors were chosen in a total of 748 cities and towns where no single candidate won at least 50% of the vote during the first round on April 7.

Candidates for Tusk’s party also recaptured cities where they had not held power for many years, including Zielona Gora, Legnica and Torun.

The local and regional elections were viewed as a test for Tusk's pro-European Union government four months after it took power at the national level. Sunday's second round strengthened the Tusk government's leverage in the cities, which should facilitate cooperation on development projects and allotment of EU funds.

Tusk's allies also won in some places in the first round two weeks ago, including in Warsaw, where incumbent Mayor Rafal Trzaskowski was an easy victor.

In the first round, the right-wing Law and Justice, prevailed on the level of regional assemblies in the country's 16 provinces, where it took 34.3% of the votes, while Tusk's Civic Coalition got 30.6%. Law and Justice governed on the national level from 2015-23.

Tusk’s socially liberal Civic Coalition traditionally has strong support in cities, while Law and Justice has a more solid base in conservative rural areas, particularly in eastern Poland.

Civic Coalition is the largest group in a three-party coalition that governs the EU nation of 38 million people. The coalition is pro-European Union but otherwise spans a wide ideological spectrum with left-wing politicians in the Left party as well as conservatives in the Third Way.

Polish voters take part in a local runoff election in Lomianki, near Warsaw, Poland on Sunday, April 21, 2024. Voters are choosing mayors who did not win outright in the first round of the election two weeks earlier. (AP Photo/Czarek Sokolowski)

Polish voters take part in a local runoff election in Lomianki, near Warsaw, Poland on Sunday, April 21, 2024. Voters are choosing mayors who did not win outright in the first round of the election two weeks earlier. (AP Photo/Czarek Sokolowski)

Campaign posters promote candidates as Poles vote in local and regional elections in Lomianki, near Warsaw, Poland on Sunday, April 21, 2024. Voters are choosing mayors who did not win outright in the first round of the election two weeks earlier. (AP Photo/Czarek Sokolowski)

Campaign posters promote candidates as Poles vote in local and regional elections in Lomianki, near Warsaw, Poland on Sunday, April 21, 2024. Voters are choosing mayors who did not win outright in the first round of the election two weeks earlier. (AP Photo/Czarek Sokolowski)

Polish voters take part in a local runoff election in Lomianki, near Warsaw, Poland on Sunday, April 21, 2024. Voters are choosing mayors who did not win outright in the first round of the election two weeks earlier. (AP Photo/Czarek Sokolowski)

Polish voters take part in a local runoff election in Lomianki, near Warsaw, Poland on Sunday, April 21, 2024. Voters are choosing mayors who did not win outright in the first round of the election two weeks earlier. (AP Photo/Czarek Sokolowski)

Polish voters take part in a local runoff election in Lomianki, near Warsaw, Poland on Sunday, April 21, 2024. Voters are choosing mayors who did not win outright in the first round of the election two weeks earlier. (AP Photo/Czarek Sokolowski)

Polish voters take part in a local runoff election in Lomianki, near Warsaw, Poland on Sunday, April 21, 2024. Voters are choosing mayors who did not win outright in the first round of the election two weeks earlier. (AP Photo/Czarek Sokolowski)

FILE - Poland's Prime Minister Donald Tusk reacts during his and Ukrainian President Volodymyr Zelenskyy meeting with students in Kyiv, Ukraine, Monday, Jan. 22, 2024. Poland's Prime Minister Donald Tusk is celebrating a victory on Monday April 22, 2024 after a series of candidates supported by his party won weekend races for mayor. (AP Photo/Efrem Lukatsky, File)

FILE - Poland's Prime Minister Donald Tusk reacts during his and Ukrainian President Volodymyr Zelenskyy meeting with students in Kyiv, Ukraine, Monday, Jan. 22, 2024. Poland's Prime Minister Donald Tusk is celebrating a victory on Monday April 22, 2024 after a series of candidates supported by his party won weekend races for mayor. (AP Photo/Efrem Lukatsky, File)

FILE - Poland's Prime Minister Donald Tusk listens to the media in Berlin, Germany, Friday, March 15, 2024. Tusk is celebrating a victory on Monday April 22, 2024 after a series of candidates supported by his party won weekend races for mayor. (AP Photo/Ebrahim Noroozi, File)

FILE - Poland's Prime Minister Donald Tusk listens to the media in Berlin, Germany, Friday, March 15, 2024. Tusk is celebrating a victory on Monday April 22, 2024 after a series of candidates supported by his party won weekend races for mayor. (AP Photo/Ebrahim Noroozi, File)

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