Dutch State Agrees Compensation Deal with five Srebrenica Relatives

Srebrenica MassacreThe Dutch state has reached a compensation agreement with the relatives of three men who were sent out of the Dutch army compound in Srebrenica and killed by Bosnian Serbs.

The five relatives will receive payouts of several tens of thousands of euros, broadcaster Nos says. In addition, defence minister Jeanine Hennis has formally apologised for the way the men were sent to their deaths.

The agreement ends a legal dispute which began in 2002. The Dutch supreme court said in 2013 the Dutch state can be held responsible for the death of the three Muslim men in the siege of Srebrenica during the Yugoslavia war in 1995.

Interpreter Hasan Nuhanovic, who lost his father and brother, and relatives of electrician Rizo Mustafic said Dutch soldiers serving under the UN flag in the Muslim enclave did not do all they could to protect their relatives from the Bosnian Serb army.

Over 8,000 men and boys were murdered and buried in mass graves when the enclave was overrun and the massacre remains the subject of other legal action. The Netherlands had earlier offered each relative €20,000 but this was rejected as insufficient. Their lawyer Liesbeth Zegveld said the sum which has been agreed is ‘decent’ and that the relatives now hope to find peace.

SCL Lecture: “Improving Victims’ Legal Representation at the ICC”

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  • Date: 10 June 2015
  • Time: 19:00h
  • Fee: Free
  • Venue: T.M.C. Asser Institute
  • Organiser: T.M.C. Asser Institute, the Coalition for the International Criminal Court (CICC) and the Grotius Centre for International Legal Studies of Leiden University
  • Address: R.J. Schimmelpennincklaan 20-22 , The Hague , Netherlands

Opening remarks and moderation: Gaelle Carayon, REDRESS

Panel discussions:

-          Facilitating the choice of counsel and representation, views from civil society, Jean Philippe Kot, Avocats sans Frontieresµ

-          The challenges of providing effective representation, views from a victims’ legal representative, Fidel Nsita, LRV

-          Ongoing and prospective avenues for an improved representation, views from the Registry, Fiona McKay, Head Victims Participation and Reparation Section

SCL Lectures are public and free of charge. Registration is not necessary, seats are available on a first-come-first-served basis.

Fate of 1,655 people in Kosovo Still Unresolved

Kosovo victimsThe fate of 1,655 people gone missing in Kosovo during the clashes in 1998 and 1999 remains unresolved, the Working Group in charge of missing persons stated at its 38th meeting on Tuesday.

In the course of ten years of its existence, the Working Group in charge of cases of persons gone missing in Kosovo managed to reduce the number of unsolved cases from 3,200 to 1,655, Chair of the Working Group Lina Milner said.

She noted that the key condition for progress in solving the fate of the missing is embodied in a continuous and constructive dialogue based on humanitarian grounds, without political rhetoric from Belgrade and Pristina.

Milner noted that 68 cases of missing persons have been solved this year and added that considerable progress has been made, especially in terms of exhumation of the grave site at Rudnica near Raska (southern part of central Serbia), as well as victim identification and delivery of the remains to the families. Continue reading

Post-Conflict Justice and Victims’ Frustration

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The fate of about 1,400 Nepalese people who went missing in the war is still not known ©BBC

On 11 July 2014, Alan Doss* and David Tolbert* published a joint commentary drifting on their experience as to why efforts at post-conflict justice are so often a source of frustration for victims. The starting point of their concerns was the recent re-election of Colombia’s president, Juan Manuel Santos and the hopes it brought along. The commentary builds on the failures of post-conflict justices where the mechanisms have proven inadequate and where frustrations prevent social reconciliation, giving examples of the International Criminal Tribunal for the former Yugoslavia (ICTY) in Bosian and Herzegovina, the Nepalese truth commission and Northern Ireland’s Good Friday

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Agreement.

Doss and Tolbert also highlight that truth commissions were often established for the wrong reasons and were not considered as they should : they are not a way to avoid justice but to reinforce comprehensive rights-based policies and access to justice. A recent symposium, organized by the Kofi Annan Foundation and the International Center for Transitional Justice, concluded, truth commissions contribute most to peace by reasserting the rule of law, recognizing victims, and supporting institutional reform. But, in order to succeed, these commissions must be effective, independent, legitimate and adapted to a country’s particular circumstances.

The commentary was published on Project Syndicate.

*Alan Doss is Senior Political Adviser at the Kofi Annan Foundation and a former under-secretary-general at the United Nations.
*David Tolbert is President at the International Center for Transitional Justice and a former assistant secretary-general at the United Nations.