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Victims of Chora bombing vs State of The Netherlands

YEAR

2019

COURT

District Court of The Hague

STATUS

Ongoing

CASE UPDATE

Reparation for victims to be decided

Case Update

On 23rd November 2022, The District Court of The Hague ruled that the bombing by the Dutch Military of a Quala – an enclosed residential compound – in the district of Chora, Afghanistan in 2007, was unlawful and that the Dutch State must pay compensation to (the relatives of) the victims. The Dutch State failed to refute the contention that the attack was in violation of the international humanitarian law principle of distinction which requires that targeting be done in such a way as to avoid civilian casualties wherever possible. The court was therefore bound to conclude that the bombardment was unlawful. The Dutch State is now liable to compensate the claimants, who lost in total twenty family members. The details of the compensation will be worked out in a following procedure.

In a letter (in Dutch) of February 3rd, 2023, the Dutch Minister of Defence informed the members of  the Dutch Parliament of her decision not to file an appeal against the District Court’s decision. The Minister points out that there must have been intelligence identifying the quala as a military target, but that the Dutch State was unable to substantiate this claim with concrete intelligence. Furthermore she writes that the Dutch State will pay compensation to the victims and, apparently drawing from lessons learned, that she wants to improve the military’s support for recording decision-making during complex circumstances in future missions. To read the letter published by the Department of Defence, click here.

This means that the verdict will become final and that the victims and surviving relatives will receive compensation. The exact amount thereof will be determined.

The Nuhanovic Foundation warmly welcomes this decision, which shows the civil judiciary exercising its power to require the ministry of defence to reveal the basis for its decisions and actions, if they are challenged as to their lawfulness under international humanitarian law, and is a courageous decision that puts the rights of injured civilian claimants at the centre of the legal process.

Case background

Dutch lawyer Zegveld represents four victims of alleged bombings by Dutch air forces during the intervention in Uruzgan in 2007. The victims seek to obtain compensation from the Dutch government for the harm they suffered as a result of the Dutch bombing of the Afghan town of Chora in 2007. The victims consider the attack disproportionate. Between 30 and 88 civilians were killed and many more were wounded.

To read the Writ of Summons, click here.

The District Court of The Hague ruled that the bombardment that the Dutch State carried out in June 2007 on a quala (walled residential community) in the village of Qal-e-Ragh in Chora (Afghanistan), was unlawful. The case had been initiated by victims and surviving relatives of residents of that quala. Amongst other things, the court held that:

[Informal translation]

  •  The plaintiffs argue that during the bombardment, i.a. the principle of distinction as defined in international humanitarian law (IHL) was violated. This means that the quala – a walled residential community – could only be bombed if it was a military object at the time of the bombardment or could be regarded as such.
  • The court concludes that the State has not substantiated concretely enough, that at the time the bombing took place there was sufficient information based upon which a reasonable commander could have designated this quala as a military target. As such, the State has insufficiently contested the plaintiffs’ claim that the bombardment was in violation of the principle of distinction as per IHL. As a result, the bombardment of this quala is deemed to be unlawful. (par. 1.1, Judgment)