Tag Archives: Effective Control

27 June 2012

The Netherlands to appeal judgments on their responsibility for three death in Srebrenica

On 26 June 2012, the State of the Netherlands announced it will appeal the decisions of The Hague Court of Appeal of 5 July 2011 in the cases of Mustafić and Nuhanović (LJN: BR5386 and  BR5388).

In July 2011, the Court of Appeal of The Hague held the Dutch State responsible for the death of three Bosnian-Muslim men, who were killed by Bosnian-Serb troops after having being sent away from UNPROFOR facilities in Srebrenica. (more…)

Source: DutchNews.nl | Dutch state to appeal against Srebrenica liability ruling
Source: NRC | Staat in cassatie tegen uitspraak Srebrenica-zaak

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

8 July 2011

Dual attribution: liability of the Netherlands for removal of individuals from the compound of Dutchbat

On 5 July 2011, the Court of Appeal of the Hague decided that the State of the Netherlands had acted unlawfully and is liable for evicting Bosnian nationals from the compound of Dutchbat in Srebrenica on 12 July 1995. Ibro Nuhanovic, Muhamed  Nuhanovic, Nasiha Nuhanovic and Rizo Mustafic were subsequently killed by Bosnian Serbs, as part of what the ICTY and the ICJ later found to be acts of genocide.

The decision adds another chapter to the tortuous attempt of the Netherlands to cope with its multiple failures, with dramatic consequences, in its policies and decisions regarding the conduct of Dutch peacekeeping troops in Srebrenica in 1995, In 2002, the Government of then prime minister Wim Kok resigned after a report held it partly to blame for the failure to offer protection in Srebenica. At the time, Kok said that he accepted political, but no legal responsibility. Almost ten years later, the Court of Appeal has made clear that the responsibility is not only political, but that the Dutch policy in regard of Srebrenica also has engaged its legal liability. (more…)

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