Friday, July 8, 2011

Dutch Court finds the Netherlands Liable for Acts in Srebrenica in 1995

The Court of Appeal of the Hague ruled on July 5, 2011 that the Netherlands had acted unlawfully and is liable for evicting Bosnian nationals from the compound of Dutchbat in Srebrenica in July 1995. Individuals removed by the Dutch were later killed by Bosnian Serbs, as part of what the International Criminal Tribunal for the former Yugoslavia and the International Court of Justice later found to be acts of genocide.

AndrĂ© Nollkaemper, a professor of public international law at the University of Amsterdam Faculty of Law, has shared with us a link to his analysis of the new judgment on the liability of the Netherlands in connection to events in Srebrenica.  His analysis of the case is particularly important as the Dutch court judgment itself is not available in English.  He notes that the decision (unless overturned by the Netherlands Supreme Court) will be "a groundbreaking ruling on the possibility of dual attribution of an act (or omission) to the United Nations (UN) and a troop contributing state . . . ."  Click here to read the analysis of the new court decision.

Hat tip to Prof. André Nollkaemper


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