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COMMENTARY BY ENIS OMEROVIĆ: The United Nations and the Paradox of Their Absolute ImmunityBiH

COMMENTARY BY ENIS OMEROVIĆ: The United Nations and the Paradox of Their Absolute Immunity

By Enis Omerović The Kingdom of the Netherlands has been declared responsible in civil law for the failure to protect a portion of Bosniaks during a critical period. The highest court partially confirmed the ruling of a lower Dutch court from 2017. It declared its state responsible in the context of genocide, not for all victims of this committed crime in the UN safe zone of Srebrenica in July 1995, but only for Bosniaks who sought refuge in the UN base in Potočari. Thus, we have the responsibility of one state solely for those members of the Bosniak group who took shelter and had to leave the said area. We also understand the latest decision in the sense that the Supreme Court determined that Dutch soldiers could only have done something to protect those Bosniaks who were within their military base. However, the probability that the liquidated Bosniaks could have survived had the Dutch battalion accidentally protected them after the fall of Srebrenica is, according to this court, ten percent. According to such findings, this should further complicate and increase the responsibility of those who directly managed UNPROFOR in Bosnia and Herzegovina – and that is the UN. But did this state interfere during that period and briefly interrupt the command chain within the Organization? We received the answer: it interfered by only ten percent, while the UN interfered by a full ninety!