Netherlands high court rules UN immune in Srebrenica massacre suit
The Supreme Court of the Netherlands ruled April 13 that the relatives of Bosnian men killed by Serb forces in 1995 cannot sue the UN for failing to protect them during the massacres. The ruling essentially held that the UN is immune from prosecution in Dutch courts. The group bringing the lawsuit, known as the Mothers of Srebrenica, are claiming that the UN is liable for their failure to protect civilians during the 1995 Srebrenica massacre. The UN is claiming that it is immune, citing Article 2 Section 2 of the Convention on the Privileges and Immunities of the UN, which says that the UN "shall enjoy immunity from every form of legal process except it has expressly waived its immunity." Both a District Court at The Hague and the Supreme Court agreed with the UN, but the Mothers of Srebrenica have said they plan to appeal to the European Court of Human Rights.
From Jurist, April 13. Used with permission.