Tag Archives: Dual Attribution

2011

Dual attribution: liability of the Netherlands for conduct of Dutchbat in Srebrenica

André Nollkaemper

On 5 July 2011 the Court of Appeal of The Hague held that the state of the Netherlands had acted unlawfully and is liable, under Dutch law, for evicting four Bosnian nationals from the compound of Dutchbat in Srebrenica on … Read more

6 September 2011

Rape in Haiti and The Recurring Problem of Crimes Committed by Peacekeepers

Haitian citizens are outraged at the rape of a young Haitian man by five Uruguayan UN Peacekeepers from the United Nations Stabilization Mission in Haiti (MINUSTAH). The five men were arrested after a video-clip of the crime, which was committed within the confounds of a UN base, was published online. In cases where UN peacekeepers commit crimes, difficult questions on dual attribution between the troop-contributing nation and the UN, which enjoys immunity from local prosecution, may arise.

Source: http://www.bbc.co.uk/news

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8 July 2011

Judgments against the United Kingdom concerning Iraq

In its Grand Chamber judgment in Al-Skeini and Others v. the United Kingdom, the Court decided that the United Kingdom was required to investigate the deaths of six civilians killed in Iraq in 2003 in incidents involving British soldiers. The Court also delivered its Grand Chamber judgment in Al-Jedda v. the United Kingdom, in which it opined that the three-year internment of an Iraqi civilian by the British forces in Iraq had breached the Convention. In para. 80 of the latter case, dual or multiple attribution of the same conduct to the UN and a State was held to be possible. More information about these cases can be found in a blogpost on EJIL: Talk! by Marko Milanovic.

Source: http://www.echr.coe.int

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