The Nuhanovic Foundation

Litigation Support

Nuhanovic & Mustafic vs the State of the Netherlands

YEAR

2013

COURT

District Court of The Hague, the Netherlands

STATUS

Completed

CASE UPDATE

The Nuhanovic Foundation supported the case of Nuhanović and Mustafić, the relatives of men killed during the Srebrenica siege by the Bosnian Serbs in 1995, in which up to 8.000 Bosnian Muslims were killed. Nuhanović is a former interpreter employed by the Dutch battalion, the UN peacekeeping unit tasked with the protection of the Bosnian enclave of Srebrenica after it was declared a “safe area” in 1993. On 11 July 1995, as Bosnian Serb forces commanded by Ratko Mlaidć took over the town of Srebrenica, thousands of Bosnian Muslim civilians sought shelter at the UN compound in Potočari 6 kilometres to the north-west, among which Nuhanović’s father, mother and brother. Two days later, the Dutch battalion – pressured by Mladić troops – forced them out of the compound along with thousands of others, and handed them over to the Serbs. On 10 September 2008, the District Court of The Hague dismissed Nuhanović’s request of holding the Dutch State responsible for the death of his family, because Dutch peacekeepers were operating under a UN mandate. However, on 5 July 2011, the Court of Appeal quashed the judgment and held that the wrongful conduct of the Dutch battalion was indeed attributable to the Netherlands, as the Dutch ministries of Defence and Foreign Affairs had effective control of their troops on the ground at the operative time. This is the first time an individual government has been held accountable for the conduct of its peacekeeping troops under a UN mandate. The verdict was upheld by the Dutch Supreme Court on 6 September 2013. In 2015 Nuhanović and Mustafić received compensation from the Dutch state.