The Dutch supreme court has upheld a ruling that the state was partially responsible for 350 deaths in Bosnia’s Srebrenica massacre.
The court said the state had 10% liability, as this was the probability that its soldiers could have prevented the killings.
Bosnian Serb forces killed a total of 8,000 Muslim men in the town of Srebrenica in 1995. The Dutch had been guarding a UN safe zone when it was overrun.
The court ruled that if Dutch forces had given 350 men hiding in the UN compound the chance to stay, there was just a 10% chance they would not have fallen into the hands of the Serbs, and so the Dutch state should be liable for only that proportion of the damages suffered by the bereaved.
The ruling did not give details on how it calculated the 10% chance of survival.
The final verdict draws a line under years of legal battles between the Dutch state and the plaintiffs – a group of victims’ relatives known as the Mothers of Srebrenica.
The case was escalated to the highest court because the state wanted to be cleared of responsibility, while the Mothers of Srebrenica wanted it to be held accountable for all 8,000 deaths in the genocide.
The ruling confirms that surviving relatives of the 350 men may claim compensation from the Dutch state.