28 June 2013
ECtHR declares Mothers of Srebrenica complaint inadmissible
On 11 June 2013, the European Court of Human Rights decided unanimously to declare inadmissible ratione personae the application in the case of Stichting Mothers of Srebrenica and Others v. the Netherlands. The case concerned alleged violations of Articles 6 and 13 of the Convention by the Netherlands arising from the grant of immunity from national jurisdiction by Dutch courts to the United Nations in relation to a civil complaint lodged against the UN concerning the Srebrenica massacre. A parallel case against the State of the Netherlands is currently pending before the Hague District Court.
According to the Court, the foundation Mothers of Srebrenica was not itself affected by the matters complained of under Articles 6 and 13 and therefore had no standing before the Court. The Court nevertheless proceeded to assess the material claims of the applicants. It stated in that regard that, in the absence of an alternative remedy, the recognition of immunity does not ipso facto constitute a violation of the right of access to court, and concluded that the fact that the UN had not made provisions for appropriate modes of settlement was not imputable to the Netherlands.