Episode 134 – Ups and Downs of Strategic Litigation with Frederiek de Vlaming

Frederiek de Vlamming speaks with Janet.

If you are a victim of a war crime, where do you go to get reparations? The Nuhanovic Foundation would be a good place to start. It is an organization that facilitates legal action and litigation on behalf of survivors of human rights abuses, and researches the impact of these cases. As a Netherlands-based group, it is front and centre for cases that hold the Dutch government to account for human rights violations in countries such as Indonesia, Syria, and Afghanistan.

We speak with Frederiek de Vlamming – former Head of the Nuhanovic Foundation to better understand ‘Strategic Litigation’ – civil cases brought against the Dutch government to gain reparations for victims and (ideally) an admission of wrong-doing on behalf of the perpetrators of war crimes. She also shares how the Nuhanovic Foundation functions, its impact, and the economics behind running this venture.

Frederiek shares the struggle victims face during these cases. Not only in terms of time and money, but also what it’s like advocating against the attitude the Dutch government has while defending its actions. We also discuss reparations and what they can mean to victims – both monitarily and symbolically.

Lastly, we discuss some partners of the Nuhanovic Foundation, including the Yazidi Legal Network which we featured on an earlier episode.

In the recommended reading section of the episode, Frederiek suggests two books for those wanting to know more about this topic. The first is ‘How to Accept German Reparations’, by Susan Slyomovics. This books discusses what it is like to receive reparations from a state that has tried to annihilate you. The second is ‘Moving the Bar, My Life as a Radical Lawyer’, by Michael Ratner, one of the founders of the Center for Constitutional Rights in the United States. It is about using litigation as a tool to enact societal change.