Dutch lawyer Zegveld represents four victims of alleged bombings by Dutch air forces during the intervention in Uruzgan in 2007. The victims seek to obtain compensation from the Dutch government for the harm they suffered as a result of the Dutch bombing of the Afghan town of Chora in 2007. The victims consider the attack disproportionate. Between 30 and 88 civilians were killed and many more were wounded. https://www.nrc.nl/nieuws/2019/09/12/afghaanse-burgers-eisen-schadevergoeding-om-zwaar-geweld-nederlandse-krijgsmacht-a3973156
On 23rd November 2022, The District Court of The Hague ruled that the bombing by the Dutch Military of a Quala - an enclosed residential compound - in the district of Chora, Afghanistan in 2007, was unlawful and that the Dutch State must pay compensation to (the relatives of) the victims. The Dutch State failed to refute the contention that the attack was in violation of the international humanitarian law principle of distinction which requires that targeting be done in such a way as to avoid civilian casualties wherever possible. The court was therefore bound to conclude that the bombardment was unlawful. The Dutch State is now liable to compensate the claimants, who lost in total twenty family members. The details of the compensation will be worked out in a following procedure.
The Nuhanovic Foundation warmly welcomes this decision, since the Foundation has provided financial assistance from the onset by providing funds to cover the initial investigations into the case. This landmark decision shows the civil judiciary exercising its power to require the ministry of defence to reveal the basis for its decisions and actions, if they are challenged as to their lawfulness under international humanitarian law, and is a courageous decision that puts the rights of injured civilian claimants at the centre of the legal process.
The organization Victim Advocates International (VAI) has developed the project Victim Representation in War Crimes Proceedings in Australia: VAI facilitates the legal participation and representation of victims in Afghanistan war crimes proceedings before Australian courts against Australian Special Forces for their alleged complicity in war crimes committed in Uruzgan in 2007.
The Nuhanovic Foundation provided financial support for the preparations of the court cases.
The information related to this court case is currently confidential. Therefore we cannot provide a link to the case.
On 5 March 2020, the ICC Appeals Chamber authorised the prosecutor to start investigations into war crimes and crimes against humanity committed during the Afghan conflict by US forces/the CIA, the Taliban and Afghan forces. Victims are seeking to persuade the ICC prosecutor to investigate their cases, and to prosecute the allegedperpetrators in order to secure accountability and justice.
As the investigation phase gets underway, the Nuhanovic Foundation financially supports the international human rights and legal action charity, Reprieve, to make representations on behalf of victims of the US rendition and torture program and victims of drone strikes in Pakistan launched from Afghan territory.