A Dutch court is currently considering whether the United Nations and the government of the Netherlands are immune from a suit brought by families of some of the victims of the 1995 Srebrenica massacre. At Sbrenica, Dutch forces, operating as UN "peacekeepers" lured Bosniacs into areas which were claimed to be safe havens, disarmed the Bosniacs, and promised that the UN peacekeepers would protect the disarmed Bosniacs. When Serbs attacked, the Dutch peacekeepers (unlike peacekeepers guarding some other safe havens) fled, leaving the Bosniacs to be murdered.

In a 2003 article for National Review Online, Paul Gallant, Joanne Eisen, and I made an argument that the UN should be considered complicit in the massacre. The article did not examine the legal arguments for or against the UN or the Dutch government having legal immunity from a civil suit, or from any other legal remedy. Comments from VC readers who can provide information on the particular issues before the Dutch court regarding civil immunity would be especially welcome.