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Author
A. Nollkaemper
Year
2011
Title
Dual attribution: liability of the Netherlands for conduct of Dutchbat in Srebrenica
Number of pages
18
Publisher
Amsterdam: Amsterdam Center for International Law, University of Amsterdam
Serie
Amsterdam Law School Legal Studies Research Paper
Volume | Edition (Serie)
2011-29
Document type
Working paper
Faculty
Faculty of Law (FdR)
Institute
Amsterdam Center for International Law (ACIL)
Abstract
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 12 July 1995. When not overturned by the Supreme Court, the decisions of the Court of Appeal will stand as groundbreaking rulings on the possibility of dual attribution of conduct to the United Nations (UN) and a troop contributing state. In this case-note, I will first summarize the relevant facts (section 2) and the disputed conduct (section 3) and subsequently discuss questions of attribution (section 4) and wrongfulness (section 5). The case-note focuses in particular on the implications of the case for the possibility of shared responsibility in international law.
URL
go to publisher's site
Language
English
Note
September 2011. ACIL Research Paper No 2011-11
Permalink
http://hdl.handle.net/11245/1.367427

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