Tag Archives: Nuhanovic

7 September 2013

Responsibility of the Netherlands for the conduct of Dutchbat: overview of the Supreme Court decision

On 6 September 2013, the Dutch Supreme Court confirmed that the Netherlands was responsible in relation to the death of three Bosnians in Srebrenica. Finding no ground for cassation, it upheld the 2011 decisions of the Court of Appeal of The Hague, concluding the last stage of proceedings in the important cases of Nuhanović and Mustafić. These cases are remarkable in that a remedy is finally provided to some victims, but also because they comport a number of important findings for the debate on the shared responsibility of States and international organizations for the conduct of peacekeepers. Notably, the Supreme Court unequivocally recognizes the possibility of multiple attribution, notably under the test of effective control (para 3.11.2). (more…)

8 March 2013

Dutchbat commander Karremans not prosecuted for Srebrenica

ABC News announced that former Dutchbat general Karremans, who commanded the Dutch peacekeepers in the Bosnian enclave of Srebrenica, and two other officers (Franken and Oosterveen), will not be prosecuted for their involvement in the genocide and  war crimes that were committed by Bosnian-Serb fighters who overran the enclave and subsequently massacred around 8.000 Muslim men in 1995.

The surviving relatives of three victims of the massacre (the cases of Mustafić and Nuhanović) asked for a criminal case to be launched against the three officers. The relatives wanted Karremans to be held criminally responsible for the deaths of their loved ones, arguing that he turned them over to the Serbs (general Mladic), although he should have offered the men protection because they (or their relatives) had worked for the Dutch peacekeepers.

Source: ABC News | Associated Press | Dutch Peacekeeper Not Prosecuted for Srebrenica
Source: NOS | Karremans niet vervolgd (in Dutch)

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

2012

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

Bérénice Boutin

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 … Read more

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

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