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The Responsibility of the Netherlands for the Actions of Dutchbat: An Analysis of Nuhanović and Mustafić

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image of International Criminal Law Review

In two recent decisions the Dutch Supreme Court confirmed a decision of the Court of Appeal that the acts of Dutchbat in sending three Bosnian men, who were subsequently murdered by the Bosnian-Serb armed forces, away from its compound in Srebrenica in 1995 were attributable to the State. In addition, the Court confirmed that the State acted wrongfully in expelling the men from the compound. These decisions mark the first time an individual government has been deemed responsible for the conduct of its troops involved in a peacekeeping mission. Central to the decision were the issues of the attribution of responsibility, including the question of effective control in peacekeeping operations, and the wrongfulness of the peacekeepers’ actions.

Affiliations: 1: Irish Centre for Human Rights, NUI, Galway, Ireland


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