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Mothers of Srebrenica v. the Netherlands and the UN: Mothers of Srebrenica et al. v. State of The Netherlands and the United Nations
Judgment in the Incidental Proceedings, 10 Jul 2008, District Court of The Hague, The Netherlands
In July 1995, the safe haven of Srebrenica in Bosnia and Herzegovina was attacked by Bosnian Serb forces resulting in the deaths of between 8 000 and 10 000 individuals. Members of the Dutch battalion who were responsible for the safeguarding of the enclave were completely overrun by the forces of General Mladic.
In 2007, a civil action was filed before the District Court of The Hague by 10 women whose family members died in the genocide as well the Mothers of Srebrenica, a Dutch association representing 6 000 survivors. They are demanding compensation from the United Nations and the Kingdom of the Netherlands by alleging that both are responsible for the failure to prevent the genocide at Srebrenica. In the present decision, the District Court of The Hague determined that it had no jurisdiction to hear the case as the United Nations enjoyed absolute immunity from proceedings.
Mothers of Srebrenica v. the Netherlands and the UN: Mothers of Srebrenica et al. v. State of The Netherlands and the United Nations
Judgment in the First Civil Law Section, 30 Mar 2010, Court of Appeal of The Hague, The Netherlands
In July 1995, the safe haven of Srebrenica in Bosnia and Herzegovina was attacked by Bosnian Serb forces resulting in the deaths of between 8 000 and 10 000 individuals. Members of the Dutch battalion who were responsible for the safeguarding of the enclave were completely overrun by the forces of General Mladic.
In 2007, a civil action was filed before the District Court of The Hague by 10 women whose family members died in the genocide as well the Mothers of Srebrenica, a Dutch association representing 6 000 survivors. They are demanding compensation from the United Nations and the Kingdom of the Netherlands by alleging that both are responsible for the failure to prevent the genocide at Srebrenica.
In the present decision, the Court of Appeal of The Hague confirmed the 2008 decision of the District Court of The Hague that it had no jurisdiction to hear the case as the United Nations enjoyed absolute immunity from proceedings.
Mothers of Srebrenica v. the Netherlands and the UN: Mothers of Srebrenica et al v. State of The Netherlands and the United Nations
Judgment, 13 Apr 2012, Supreme Court of The Netherlands, The Netherlands
In July 1995, the safe haven of Srebrenica in Bosnia and Herzegovina was attacked by Bosnian Serb forces resulting in the deaths of between 8 000 and 10 000 individuals. Members of the Dutch battalion who were responsible for the safeguarding of the enclave were completely overrun by the forces of General Mladic. In 2007, a civil action was filed before the District Court of The Hague by 10 women whose family members died in the genocide as well the Mothers of Srebrenica, a Dutch association representing 6 000 survivors. They are demanding compensation from the United Nations and the Kingdom of the Netherlands by alleging that both are responsible for the failure to prevent the genocide at Srebrenica.
In the present decision, the Supreme Court upheld the earlier decisions of the District Court of The Hague and the Court of Appeal of The Hague confirming that the UN enjoys absolute immunity from prosecution, even in light of the gravity of the accusations alleged by the Mothers of Srebrenica.
A. A. Z et al. v. Franks et al.: A. A. Z. et al. v. Tommy Franks et al.
Décision, 14 Jan 2004, Cour de Cassation, Section Francaise, 2e Chambre / Court of Cassation, Belgium
A v. Secretary of State for the Home Department (No. 2): A (FC) and others (FC) (Appellants) v. Secretary of State for the Home Department (Respondent) (2004); A and other (Appellants) (FC) and others v. Secretary of State for the Home Department (Respondent) (Conjoined Appeals)
Opinions of the Lords of Appeal for Judgment in the Cause, 8 Dec 2005, House of Lords, Great Britain (UK)
Ten men were certified by the Secretary of State as suspected international terrorists and were detained in the Belmarsh prison in London. The certification was made on the basis of information obtained by torture (infliction of severe pain or suffering on a person in order to obtain information). The men appealed their certification and claimed that the tainted information should not have been admitted. The House of Lords held that such information, indeed, should not have been admitted and allowed the appeals.
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