Dutch court cuts state’s liability for Srebrenica deaths

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People pray near coffins of their relatives, who are newly identified victims of the 1995 Srebrenica massacre, which are lined up for a joint burial in Potocari near Srebrenica, Bosnia and Herzegovina, July 11, 2017. (REUTERS)
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Members of a group of victims' relatives, "the Mothers of Srebrenica" arrive at Dutch supreme court on July 19, 2019 in the Hague, to attend the ruling in the cassation proceedings regarding the responsability of Dutch state in Srebrenica massacre. (AFP)
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In this Sept. 18, 1996 file photo, International War Crimes Tribunal investigators clear away soil and debris from dozens of Srebrenica victims buried in a mass grave near the village of Pilica, some 55 kms (32 miles) north east of Tuzla, Boisnia-Herzegovina. (AP)
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In this Wednesday, March 20, 2019 file photo, a woman prays at the Potocari memorial center for victims of the Srebrenica genocide, in Potocari, Bosnia and Herzegovina. (AP)
Updated 20 July 2019

Dutch court cuts state’s liability for Srebrenica deaths

  • The 350 were among the almost 8,000 Muslim men and boys were killed in the genocide at Srebrenica, the worst massacre in Europe since World War II

THE HAGUE: The Dutch Supreme Court on Friday slashed the state’s liability for 350 victims of the 1995 Srebrenica massacre, saying peacekeepers had only a “slim” chance of preventing their deaths.
The 350 men were among 5,000 terrified residents who had sought safety in the Dutch peacekeepers’ base when the besieged Muslim enclave was overrun by Bosnian Serb forces in July 1995.
The lightly armed Dutch troops eventually became overwhelmed and shut the gates to new arrivals before allowing Bosnian Serb forces commanded by Ratko Mladic to evacuate the refugees.
The men and boys were separated and taken in buses to their deaths, their bodies dumped in mass graves.
Judges, however, on Friday reduced from 30 percent to 10 percent the Dutch state’s responsibility for compensation to the families in a case brought by the Mothers of Srebrenica victims’ organization.
The 350 were among the almost 8,000 Muslim men and boys were killed in the genocide at Srebrenica, the worst massacre in Europe since World War II and the darkest episode in the break-up of the former Yugoslavia.
“The Dutch State bears very limited liability in the ‘Mothers of Srebrenica’ case,” the Supreme Court said. “That liability is limited to 10 percent of the damages suffered by the surviving relatives of approximately 350 victims.”

After the ruling, Mothers’ president Munira Subasic, who lost family members including her son, husband and father in the massacre, expressed disappointment.
“Today we experienced humiliation upon humiliation. We could not even hear the judgment in our own language because we were not given a translator,” she told AFP.
At Srebrenica “every life was taken away 100 percent. There is little we can do with 10 percent, but yes, the responsibility still lies where it does.”
“I only have two bones. I have found less than 10 percent of his body,” she added, referring to her teenage son.
The Dutch government accepted responsibility, saying it was relieved that “finally there was some clarity.”
A Dutch court originally held the state liable for compensation in 2014. In 2017 the appeals court upheld that decision before it was referred to the Supreme Court.
The lower court had said in 2017 that the Dutch actions meant the Muslims were “denied a 30 percent chance of avoiding abuse and execution,” and thus the Dutch state was liable for 30 percent of damages owed to families.
The Supreme Court agreed that “the state did act wrongfully in relation to the evacuation of the 5,000 refugees” in the compound, including 350 Muslim men the Bosnian Serbs were unaware of.
It said the Dutch peacekeepers “failed to offer these 350 male refugees the choice to stay where they were, even though that would have been possible.”
But explaining the decision to reduce the liability, the Supreme Court said that “the chance that the male refugees would have escaped the Bosnian Serbs had they been given the choice to stay was slim, but not negligible.”
Reacting to the ruling, Dutch Defense Minister Ank Bijleveld said in a statement the cabinet would “examine how to best implement the liability for damages suffered by the relatives in such a way it does justice to the Supreme Court ruling.”

In a swipe at the failure of other foreign powers to act during the 1995 crisis, the top court added that the “chance of Dutchbat (the Dutch UN mission) receiving effective support from the international community was slim.”
Former Dutchbat soldiers attending the case said they were disappointed on behalf of the victims’ families.
“I think the final judgment is a bit disappointing, especially when you see the court ruling of 30 percent and now it’s downgraded to 10 percent,” said Remko de Bruijne, a former Dutch blue helmet who served at Srebrenica.
“I think that’s not fair for the Mothers of Srebrenica but, on the other hand, now it’s clear,” he told AFP.
Srebrenica has cast a long shadow over The Netherlands, forcing a the government to resign in 2002 after a scathing report on the role of politicians in the episode.
Former Bosnian Serb leader Radovan Karadzic is currently serving a life sentence in jail in The Hague after being convicted of genocide over Srebrenica and war crimes throughout the 1990s.
Ex-military chief Mladic, 76, dubbed the “Butcher of Bosnia,” is currently appealing a life sentence on similar charges at an international tribunal in The Hague.
Slobodan Milosevic, Karadzic’s long-time patron during the war, was on trial in The Hague at the time of his death in 2006.


Can Muslims swing UK vote?

Updated 07 December 2019

Can Muslims swing UK vote?

  • They may be a minority, but British Muslim voters could have a major impact at the ballot box, a new report suggests
  • The Muslim Council of Britain has identified 18 constituencies in which Muslim voters could have a high impact

LONDON: With Islamophobia on the rise in the UK, and uncertainty surrounding Brexit and its implications, British Muslims could have a significant impact on the result of the Dec. 9 general election simply by exercising their right to vote.

Despite the UK’s Muslim population standing at 5 percent, there are 31 marginal seats in which Muslim voters could have a “high” or “medium” impact, according to a list published by the Muslim Council of Britain (MCB).

The council has identified 18 constituencies in which Muslim voters may have a high impact, and 13 in which they could have a medium impact.

Top of the list for high-impact areas are Kensington, Dudley North and Richmond Park.

High-impact seats are those where the current margin of victory is small and the proportion of Muslim voters is significant compared to the margin of victory.

In Kensington, Labour candidate Emma Dent Coad won her seat in 2017 by a margin of 20 votes.

The number of Muslims of voting age in this constituency, estimated at 5,431, is 272 times this margin.

A British Muslim woman leaves a polling station after voting in Dewsbury, West Yorkshire, UK, in a previous election. (Shutterstock)

In Dudley North and Richmond Park, the Muslim electorate — which stands at 4 percent of voting-age constituents — was over 70 times the victory margin in both constituencies, which was 22 and 45 votes, respectively. Muslims are, therefore, in a position to make a difference in high-impact seats such as these.

The MCB is the UK’s largest and most diverse Muslim umbrella organization, with over 500 affiliated national, regional and local organizations, mosques, charities and schools.

It does not endorse any political party or prospective parliamentary candidate.

Ahead of the last general election, the MCB identified 16 high- and 23 medium-impact seats where it thought Muslims could make a difference.

“Where we highlighted that these seats had the potential for Muslims to have a huge impact if they voted a particular way, we did see that actually come to fruition,” the MCB’s Public Affairs Manager Zainab Gulamali said.

In the 16 constituencies where the MCB thought Muslims could have a high impact, every one of these seats went on to be held by the Labour Party.

Eleven of these were previously Labour seats, but it increased its majority, and five were previously Conservative seats.

Of the 23 medium-impact constituencies, 16 seats in which Labour was the incumbent saw an increase in its majority, with the exception of Bolton North East.

Of the seven previously Conservative seats, five were retained with a smaller majority, one seat was gained by the Liberal Democrats, and the Conservatives increased their majority in the final seat.

The MCB’s election policy platform report said Muslims “do not all affiliate with one particular political party. Muslims vote for different reasons like all voters.”

It added that the British government’s own analysis confirms that “minorities are not a bloc vote that automatically supports Labour irrespective of Labour’s performance.”

Gulamali said: “This election is going to be a really interesting one for Muslims and non-Muslims, and the fact that the UK is going through unprecedented change means that it’s important for everyone to get out and vote.”

She added: “The choices that people will make in this election will be really crucial. We know that Muslims choose to vote for whoever they vote for based on a number of concerns, especially as Islamophobia is so prevalent in particular political parties.

“We think that would be something that many Muslims consider when casting their vote.”

Prime Minister Boris Johnson recently apologized for the “hurt and offence” caused by instances of Islamophobia in the Conservative Party.

He said that an inquiry into “every manner of prejudice and discrimination” in his party would begin by Christmas.

Former party Chairwoman Baroness Warsi — the first Muslim woman to be part of a British Cabinet, who has been calling for an inquiry into Islamophobia within the party — said the apology was “a good start.”

Britain’s Prime Minister Boris Johnson has apologized for the ‘hurt and offence’ caused by instances of Islamophobia within the Conservative Party.  (AFP)

Johnson’s apology came as Flora Scarabello, who was running as the Conservative candidate for Glasgow Central, was suspended by the party over “alleged use of anti-Muslim language.”

A party spokesman said: “There is no place in the Scottish Conservatives for anti-Muslim language, or any other form of racial or religious discrimination.”

Johnson has remained silent about his own comments on Muslim women. Writing in his Daily Telegraph column in August 2018, he said Muslim women wearing the niqab “look like letter boxes” or bank robbers.

The MCB report said there “has been a disturbing and dangerous rise in Islamophobic incidents and support of anti-Muslim sentiments within political parties,” and urged them to investigate “issues of Islamophobia within their parties.”

Gulamali said: “Before the general election, we surveyed over 500 of our affiliates and other British Muslims, and we found that tackling Islamophobia was a No. 1 priority the Muslims that we spoke to had for political parties.”

But “Muslims don’t just care about Islamophobia and Muslim issues. They also care about all the other issues that everyone else cares about,” she added.

These include Brexit. A recent MCB survey of its affiliates and wider Muslim communities found that 77 percent of participants back remaining in the EU. The same percentage of participants support a second referendum on Brexit.

“Muslims are overwhelmingly poorer than mainstream society — 46 percent of the Muslim population resides in the 10 percent most deprived local authority districts in England,” Gulamali said.

“We know that Brexit is likely to hit people in low socioeconomic groups more than people who are well off. So Muslims will be disadvantaged by Brexit in that way.”

Muslim voters also care about issues such as the privatization of the National Health Service, tackling knife crime, unemployment and the cost of living.

Boris Johnson's apology was described as ‘a good start’ by Baroness Warsi, right, the party’s former chairwoman. (AFP)

The MCB held its first national Muslim voter registration day on Nov. 22, when it encouraged political participation among Muslims, 300,000 of whom registered to vote that day.

The East London Mosque’s London’s Muslim Centre took part in the MCB’s voter registration drive.

Dilowar Khan, its director, said by taking part in the initiative, “we hope to have played our part in increasing awareness for our congregants of their democratic right to vote and cause change.”

He added: “Overall, we hope this increased political participation by the Muslim community will help steer our country toward a better society.”

Khan said: “It’s only through engagement that we can identify and voice key issues affecting Muslim communities.”

He added: “It’s important that everyone realizes their potential to cause change via political participation.

“Muslims make up a significant minority in the UK, and it’s of utmost importance that our concerns are validated and that our politicians address these issues,” Khan said.