Hasan Nuhanović
Encyclopedia
Hasan Nuhanović is a Bosniak survivor of the Srebrenica genocide who campaigns "For truth and justice" on behalf of other survivors and relatives of the victims. Hasan, the former U.N. interpreter for Dutch peacekeepers who were stationed in Srebrenica in 1995, at the end of the Bosnian war, has been battling the Dutch state in civil court for nine years. Finally, in July 2011, he won on appeal against the Dutch Government with court stating the Dutch are to blame for handing over his family members to forces of Ratko Mladic who is currently being tried in Hague. His entire immediate family - mother, father and brother - were murdered by the Bosnian Serb Army and its allies from Serbia proper, when they were handed over to them by Dutch UN soldiers after seeking refuge in the UN protection force base at Potočari
following the fall of the town of Srebrenica in July 1995. Bosnian investigative journalist Dragan Stanimirović nicknamed him the “Elie Wiesel
of Bosnia", in a reference to another activist survivor of genocide
.
in July 1995, Nuhanović's family were among 5000-6000 civilian refugees who found shelter on the UN base in Potočari. His father Ibro was one of three representatives of the 30,000 refugees inside and outside the base who took part with Dutch senior officers in supposed "negotiations" with Gen. Mladić.
Following the "negotiations" with Mladić, the Dutch ordered the refugees sheltering inside the base to leave. As an interpreter Hasan Nuhanović was instructed by Dutch colleagues to tell his own family they had to leave the base. In spite of his pleas on their behalf, his family were not allowed to remain under UN protection and were handed over to their deaths at the hands of the Bosnian Serb Army. as victims of the Srebrenica genocide. Remains of his father Ibro, mother Nasiha and brother Muhamed have been recovered from concealed mass graves. His mother's burned remains were found with those of another six victims under a rubbish heap in the village of Jarovlje, about a mile from the family's pre-war home in Vlasenica. His brother and father had been buried in a primary grave at the Branjevo Farm execution site, near Pilica, before the bodies there were dug up with bulldozers shortly before the Dayton Agreement and taken for reburial in a secondary mass grave, one of the thirteen Cancari grave sites at Kamenica
. The remains of all three have now been interred in the cemetery at the at the Srebrenica Genocide Memorial in Potočari.
at The Hague. He played an important part in establishing the Srebrenica Genocide Memorial
at Potočari where the remains of many of the identified victims have been interred. He works closely with other survivors and relatives' organisations, including the Mothers of Srebrenica in Sarajevo and the Women of Srebrenica in Tuzla.
He has written a chronology of the events at Srebrenica, Under the UN Flag, in which he examines the responsibility and guilt of members of the international community who were either direct participants on the ground or indirectly influenced or were capable of influencing those events but failed to fulfil their commitment to protect the Muslim population of the besieged "safe area" under UN Security Council Resolution 819.
defines the conduct and responsibilities of belligerent nations, neutral nations and individuals engaged in warfare, in relation to each other and to protected persons (usually meaning civilians). However the relevant treaties do not expressly envisage causes of action for victims in national or international law. Liesbeth Zegveld, a Dutch specialist in international humanitarian law, has drawn attention to their failure expressly to guarantee victims of violations of the law any right to a legal remedy.
In order to seek redress for the death of their relatives, Hasan Nuhanović and the family of Rizo Mustafić, a UN electrician ordered by his employers to leave the Potočari base, have taken legal action in the Dutch civil courts, where they are represented by Liesbeth Zegveld. The bases of the action include allegations, inter alia, that the Dutch State was involved in genocide and violated fundamental human rights by handing Nuhanović's and the Mustafićs' family members over to the (Bosnian-Serb) enemy.
In its initial hearing of the case the District Court in The Hague found against the claims brought by Hasan Nuhanović and the Mustafić family. The Court ruled that The Netherlands could not be held responsible for the actions of its peacekeepers at Srebrenica because operational "command and control" of the Dutch battalion had been transferred to the United Nations
. The plaintiffs are appealing the District Court's judgment.
In a similar civil law action before the District Court members of the Mothers of Srebrenica association are seeking to hold the United Nations itself responsible for failing to protect their relatives who were among the refugees gathered outside the base and under the protection of UNPROFOR. On 10 July 2008 the Court ruled that the United Nations cannot be sued for failure to protect the victims of genocide at Srebrenica because it enjoys an absolute immunity from liability. This ruling impedes any alternative claim by Hasan Nuhanović and the Mustafić family against the United Nations until the Mothers of Srebrenica's appeal is heard. The outcome of the appeal against the District Court decision will be announced on 5 July 2011.
Potocari
Potočari is a village in eastern Bosnia and Herzegovina, 6 km north-west of the town of Srebrenica. In the 1991 census it had 4,338 inhabitants, of whom 93% were Bosniaks and 7% were others, mainly Serbs.-War period:...
following the fall of the town of Srebrenica in July 1995. Bosnian investigative journalist Dragan Stanimirović nicknamed him the “Elie Wiesel
Elie Wiesel
Sir Eliezer "Elie" Wiesel KBE; born September 30, 1928) is a Hungarian-born Jewish-American writer, professor, political activist, Nobel Laureate, and Holocaust survivor. He is the author of 57 books, including Night, a work based on his experiences as a prisoner in the Auschwitz, Buna, and...
of Bosnia", in a reference to another activist survivor of genocide
Genocide
Genocide is defined as "the deliberate and systematic destruction, in whole or in part, of an ethnic, racial, religious, or national group", though what constitutes enough of a "part" to qualify as genocide has been subject to much debate by legal scholars...
.
Srebrenica
As a U.N. translator/interpreter Hasan Nuhanović worked with the Dutchbat III contingent of the United Nations Protection Force (UNPROFOR) which was assigned the task of protecting the United Nations "safe area" of Srebrenica in the latter part of the Bosnian war (1992–1995). When Srebrenica fell to Bosnian Serb Army forces under General Ratko MladićRatko Mladić
Ratko Mladić is an accused war criminal and a former Bosnian Serb military leader. On May 31, 2011, Mladić was extradited to The Hague, where he was processed at the detention center that holds suspects for the International Criminal Tribunal for the former Yugoslavia...
in July 1995, Nuhanović's family were among 5000-6000 civilian refugees who found shelter on the UN base in Potočari. His father Ibro was one of three representatives of the 30,000 refugees inside and outside the base who took part with Dutch senior officers in supposed "negotiations" with Gen. Mladić.
Following the "negotiations" with Mladić, the Dutch ordered the refugees sheltering inside the base to leave. As an interpreter Hasan Nuhanović was instructed by Dutch colleagues to tell his own family they had to leave the base. In spite of his pleas on their behalf, his family were not allowed to remain under UN protection and were handed over to their deaths at the hands of the Bosnian Serb Army. as victims of the Srebrenica genocide. Remains of his father Ibro, mother Nasiha and brother Muhamed have been recovered from concealed mass graves. His mother's burned remains were found with those of another six victims under a rubbish heap in the village of Jarovlje, about a mile from the family's pre-war home in Vlasenica. His brother and father had been buried in a primary grave at the Branjevo Farm execution site, near Pilica, before the bodies there were dug up with bulldozers shortly before the Dayton Agreement and taken for reburial in a secondary mass grave, one of the thirteen Cancari grave sites at Kamenica
Kamenica
Kamenica is a Slavic toponym that may refer to several places:* In Albania** Kamenica Tumulus, a neolithic tumulus close to Kamenicë, Korçë...
. The remains of all three have now been interred in the cemetery at the at the Srebrenica Genocide Memorial in Potočari.
Campaigning activities
Since the end of the Bosnian war Hasan Nuhanović has campaigned to establish and publicise the truth about the genocide. He has given evidence at the International Criminal Tribunal for the Former YugoslaviaInternational Criminal Tribunal for the former Yugoslavia
The International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991, more commonly referred to as the International Criminal Tribunal for the former Yugoslavia or ICTY, is a...
at The Hague. He played an important part in establishing the Srebrenica Genocide Memorial
Srebrenica Genocide Memorial
The Srebrenica Genocide Memorial, officially known as the Srebrenica-Potočari Memorial and Cemetery for the Victims of the 1995 Genocide, is the memorial-cemetery complex in Srebrenica set up to honour the victims of the 1995 Srebrenica genocide....
at Potočari where the remains of many of the identified victims have been interred. He works closely with other survivors and relatives' organisations, including the Mothers of Srebrenica in Sarajevo and the Women of Srebrenica in Tuzla.
He has written a chronology of the events at Srebrenica, Under the UN Flag, in which he examines the responsibility and guilt of members of the international community who were either direct participants on the ground or indirectly influenced or were capable of influencing those events but failed to fulfil their commitment to protect the Muslim population of the besieged "safe area" under UN Security Council Resolution 819.
Legal proceedings against the Dutch State
International humanitarian lawInternational humanitarian law
International humanitarian law , often referred to as the laws of war, the laws and customs of war or the law of armed conflict, is the legal corpus that comprises "the Geneva Conventions and the Hague Conventions, as well as subsequent treaties, case law, and customary international law." It...
defines the conduct and responsibilities of belligerent nations, neutral nations and individuals engaged in warfare, in relation to each other and to protected persons (usually meaning civilians). However the relevant treaties do not expressly envisage causes of action for victims in national or international law. Liesbeth Zegveld, a Dutch specialist in international humanitarian law, has drawn attention to their failure expressly to guarantee victims of violations of the law any right to a legal remedy.
In order to seek redress for the death of their relatives, Hasan Nuhanović and the family of Rizo Mustafić, a UN electrician ordered by his employers to leave the Potočari base, have taken legal action in the Dutch civil courts, where they are represented by Liesbeth Zegveld. The bases of the action include allegations, inter alia, that the Dutch State was involved in genocide and violated fundamental human rights by handing Nuhanović's and the Mustafićs' family members over to the (Bosnian-Serb) enemy.
In its initial hearing of the case the District Court in The Hague found against the claims brought by Hasan Nuhanović and the Mustafić family. The Court ruled that The Netherlands could not be held responsible for the actions of its peacekeepers at Srebrenica because operational "command and control" of the Dutch battalion had been transferred to the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
. The plaintiffs are appealing the District Court's judgment.
In a similar civil law action before the District Court members of the Mothers of Srebrenica association are seeking to hold the United Nations itself responsible for failing to protect their relatives who were among the refugees gathered outside the base and under the protection of UNPROFOR. On 10 July 2008 the Court ruled that the United Nations cannot be sued for failure to protect the victims of genocide at Srebrenica because it enjoys an absolute immunity from liability. This ruling impedes any alternative claim by Hasan Nuhanović and the Mustafić family against the United Nations until the Mothers of Srebrenica's appeal is heard. The outcome of the appeal against the District Court decision will be announced on 5 July 2011.
External links
- Srebrenica: A Survivor’s Story - Interview With Hasan Nuhanovic (FrontlineWorld)
- Srebrenica: A survivor moves on - BBCNews
- 1995: 'A town of death' - BBCNews
- Resolution 819, the film: Hasan Nuhanovic’s position - cafeturco.wordpress.com
- History as Written by Other People (Drugi pišu našu historiju) - an article by Hasan Nuhanović
- The key to my neighbor's house : seeking justice in Bosnia and Rwanda - Summary (WorldCat)
- The arrest of Karadzic: a Srebrenica survivor’s perspective - Interview With Hasan Nuhanovic (United States Holocaust Memorial Museum)
- Liesbeth Zegveld - Dutch Wikipedia article
- "Der Himmel über Lethe" / "Rescue Operations on Lethe", by Zentrum für Politische Schönheit / Center for Political Beauty, performance artists (compilation recreating the sequence of events and decisions leading up to the genocide - Hasan Nuhanović's voice is last but one on the soundtrack)