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Responsibility of the Netherlands for the Acts of Dutchbat in Nuhanović and Mustafić: The Continuous Quest for a Tangible Meaning for ‘Effective Control’ in the Context of Peacekeeping

Abstract
Abstract

In Nuhanović and Mustafić (5 July 2011), the Court of Appeal of The Hague held the Netherlands liable under Bosnian torts law in relation to acts of Dutchbat in the days following the fall of Srebrenica. The claims were brought by relatives of victims killed by Mladić's troops after being evicted from the Dutchbat premises, where they had sought refuge. When resorting to international law to attribute the conduct to the Netherlands, the Court shed light on the concrete meaning of ‘effective control’ when a wrongful conduct does not result from direct orders, thereby clarifying some of the questions surrounding the determination of responsibility for conducts in the framework of international organizations.

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This list contains references from the content that can be linked to their source. For a full set of references and notes please see the PDF or HTML where available.

N. Tsagourias , ‘The Responsibility of International Organisations for Military Missions’, in M. Odello and P. Ryszard (eds.), International Military Missions and International Law (2011), 245, at 249

M. Milanovic , ‘Al-Skeini and Al-Jedda in Strasbourg’, (2012) 23 EJIL

J.-M. Sorel , ‘La responsabilité des Nations Unies dans les opérations de maintien de la paix’, (2001) 3 International Law Forum du Droit International 127, at 137

K. Larsen , ‘Attribution of Conduct in Peace Operations: The “Ultimate Authority and Control” Test’, (2008) 19 EJIL 509

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Leiden Journal of International Law
  • ISSN: 0922-1565
  • EISSN: 1478-9698
  • URL: /core/journals/leiden-journal-of-international-law
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