Dutch State appeals to the Supreme Court in Srebrenica case
The Dutch State has announced to bring an appeal to the Supreme Court of the Netherlands against the judgment of the Dutch Court of Appeal in the Srebrenica case, issued last June. The Court of Appeal ruled that the Dutch State is liable to the extent of 30% of the damages suffered by 350 muslim men resulting from their unlawful ‘evacuation’ from the Dutch Compound in Srebrenica, leading to their death.
When deciding the case, the Dutch Supreme Court is required by law to base its deliberations on the facts as established by the lower court and can, apart from taking formal decisions (e.g. inadmissability of the case) decide to either dismiss the appeal, rendering the Appeal Court’s judgment final and binding ór quash the Appeals Court’s judgment. In the latter situation, the case is usually referred back to a Court of Appeal in order to review the case, in whole or in part, again. The Supreme Court only passes final judgment if no significant questions of fact remain to be decided.